SHER SINGH Vs. PARSANNI DEVI

JUDGEMENT

(1.) A short but a substantial question of law that arises for determination in the present Regular Appeal is whether Adoption Deed can be treated as testamentary disposition in favour of a person where adoption is held illegal ? This question may not be arising for the first time but it needs to be determined in the present case.

(2.) THIS Regular Second Appeal is of the year 1979 and has journeyed from the trial Court to High Court and then back to the trial Court again to reach High Court. In view of earlier order dated 10.5.1999 vide which the case was referred back from deciding the additional issue, this order may be read in continuation of the said order dated 10.5.1999. The facts, in brief, can be listed out as follows :

(3.) NOTICE in the suit was issued to the defendant-appellant. In the written statement filed, the appellant raised preliminary objection that the respondent-plaintiffs had no locus to file the suit and the said suit was not maintainable in the form it was presented. It was also stated that the suit was not within time and that the same had also not been properly valued for the purpose of Court fee. Otherwise it was admitted that Biru son of Sada was the owner of the suit land but it was denied of respondent No. 1 was his sister or that respondent Nos. 2 to 6 were his relatives, as alleged in the plaint. The appellant also took a stand that he was legally adopted son of Biru who had executed adoption deed in his favour which was duly registered before the Sub-Registrar. Further, the appellant pointed out that all the ceremonies of giving away and taking of adoption were performed according to the custom prevailing among the caste of Gujjars to which he and Biru belonged. It was also urged that Biru deceased was competent to adopt the appellant.