KARAM CHAND Vs. BALJIT

JUDGEMENT

(1.) Validity of an adoption is the main point in issue in this appeal and it arises in the context of succession to the land left behind by Jhunda deceased, who died sometime in May 1969.

(2.) The plaintiffs-Baljit and others, filed the present suit seeking a decree for possession of the land in suit on the plea that being the grand-children of the said Jhunda, they were his nearest heirs and were thus entitled to succeed to his property. The defendant-Moman, on the other hand, put-forth the plea that he had been adopted by the said Jhunda and it was thus he, who was entitled to the land in suit.

(3.) The plea of adoption, as put-forth by the defendant-Moman is founded upon the registered adoption deed Ext. D/1, whereby Moman is shown to have been adopted by Jhunda. This adoption deed is dated February 4, 1969. It recites that all the necessary formalities relating to adoption were gone through and that Moman was adopted by Jhunda with the consent of his natural parents. It is also mentioned therein that Moman could inherit the property of Jhunda after his death and all the last rites including kirya would be performed by Moman.