RANBIR SINGH Vs. RANDHIR SINGH

JUDGEMENT

(1.) This is defendant's second appeal against whom the suit for joint possession had been dismissed by the trial Court, but was decreed in appeal.

(2.) The brief facts are that one Jhale son of Harjas was owner of land measuring 47 Kanals 19 Marlas and three plots. He died issueless on 18th March, 1972. After his death the entire property left by him was taken 'by Ranbir Singh, defendant-appellant. He claimed that be had, been adopted as a son by Jhale before his death. Ranbir Singh is the grandson of Lakhi Ram, who was brother of Jhale. Plaintiff, Randhir Singh is the son of Bhola, who was another brother of Jhale. Randhir Singh, plaintiff, has challenged the alleged adoption of Ranbir Singh, defendant by Jhale. His claim is that Jhale had been ailing for the last . many years before his death; that at the time of the alleged adoption he was aged more than 70 years and was not in a sound disposing stale of mind; that no ceremonies of the alleged adoption were ever performed and that the deed of adoption Exhibit D. 1 propounded by the defendant is a forged document. His further claim is that on the death of Jhale, he is entitled to get ⅓rd share of the property left by him.

(3.) The suit was contested inter alis on the ground that the defendant Ranbir Singh was validly taken in adoption by Jhale before his death and,that the adoption took place with the consent of both the parents of Ranbir Singh. They further alleged that all necessary ceremonies for a valid adoption, like assembling of brotherhood. performing of Hawan before sacred fire and giving the son to be adopted in the lap of the adopted father, took place. They also produced the registered adoption deed Exhibit D. 1. The Trial Court found that Ranbir Singh, defendant, was validly adopted as a son by Jhale. Consequently, the plaintiff's suit aas dismissed. In appeal, the learned Additional District Judge came to the conclusion that there was no reliable and specific evidence to procedure that if the mother of the child was also taken into confidence since the mother did not come into the witness-box. According to the lower appellate Court, the best evidence having not been produced by the defendant, the presumption will be taken against him. In this view of the matter, the finding of the trial Court was set aside and it was held that there was no valid adoption as claimed by the defendant. Consequently, the plaintiff's suit was decreed. Dissatisfied with the same, the defendant, Ranbir Singh filed this second appeal in this Court.