MADHU Vs. BOARD OF REVENUE, AJMER

JUDGEMENT

(1.) This writ petition, filed by petitioner, seeks to challenge order passed by Revenue Appellate Authority dated 25-2-2009 and the Board of Revenue dated 19-11-2012, both of whom have set side order of Sub-Divisional Officer, Nasirabad, dated 31-8-2007 declaring petitioner to be adopted son of deceased Omkar Gurjar and respondent No. 2 Smt. Kani on the strength of adoption deed dated 10-12-1999.

(2.) Contention of learned counsel for petitioner is that the Revenue Appellate Authority and the Board of Revenue have erred in law in holding that adoption of petitioner was not valid because he was 35 years of age on the date of registration of adoption-deed. It is contended that there are certain communities where custom of adoption is prevalent even at late age and someone could be taken in adoption at 35 years of age. His alternative submission is that adoption had in fact taken place when petitioner was a child of less than 15 years of age but the deed got registered after death of Omkar, by his widow Smt. Kani. This aspect of the matter has been overlooked by the Revenue Appellate Authority and the Board of Revenue. It is also contended that learned S.D.O. has rightly held that since the adoption deed was registered, a presumption would arise as to its validity according to Section 16 of the Hindu Adoptions and Maintenance Act, 1956.

(3.) Perusal of the order passed by the Revenue Appellate Authority clearly indicates that the petitioner was not able to show by any iota of evidence that he was less than 15 years of age when he was adopted. The Board of Revenue has also in its judgment held that the petitioner could not prove the fact that he was adopted by deceased Omkar Gurjar during his life time when petitioner was still a minor or lessthan 15 years of age. The deceased was survived by three daughters and has no son. The mutation of entire disputed land was attested in favour of Smt. Kani, his widow.