BIRO Vs. BANTA SINGH

JUDGEMENT

(1.) The important question of law which arises in this appeal is whether the civil Court is bound by the decision of the criminal Court holding the accused guilty or it has to come to an independent conclusion on the evidence led in the suit. Banta Singh plaintiff was convicted by the criminal Court under S. 304, I.P.C., for causing such bodily injuries to his adoptive father Jaggar Singh, as a result of which he ultimately died and he was deprived of succession in view of S. 25 of the Hindu Succession Act by the Revenue Court as they mutated the land left by Jaggar Singh in favour of his two sisters. The present proceedings arise out of a suit filed by Banta Singh for declaration and possession challenging the adverse mutation.

(2.) Admittedly, Jaggar Singh was the last male holder who died on l7th of Apr, 1957, as a result of injuries alleged to have been caused to him by his adopted son Banta Singh and the natural father of Banta Singh. At the time of death. Jaggar Singh possessed 195 kanals 19 marlas of agricultural land Banta Singh was adopted by Jaggar Singh in 1947 and a formal deed of adoption was registered on 18th of May, 1855. By gift deed dated 3rd of Aug., 1956 Jaggar Singh had made a of 40 bighas of land in favour of his a opted son Banta Singh.

(3.) The Revenue authorities mutated the land left by Jaggar Singh in favour of Smt. Biru and Smt. Parsini. the alleged sisters of Jaggar Singh, and refused to sanction the mutation in Favour of Banta Singh-as adopted son on account of the fact that by murdering his adoptive father, he was debarred from inheriting his estate under S. 25 of the Hindu Succession Act. By the present suit, Banta Sin challenged the mutation and sought declaration and possession on the ground that he is the next heir of Jaggar Singh and not the two sisters who have been impleaded as defendants. He also pleaded that the defendants are not the sisters of Jaggar Singh.