MADHU Vs. B.O.R.

JUDGEMENT

(1.) Instant intra court appeal has been preferred against order of the ld. Single Judge dt.2.1.2013. Brief facts of the case are that a revenue suit for declaration and injunction came to be filed by one of the daughter of deceased Onkar along with present appellant who is claiming to be adopted son of Onkar based on registered deed of adoption and indisputably he was 35 years of age on the date of attestation of adoption deed.

(2.) Taking note of the adoption deed and co-shareholder, the appellant filed a suit which was decreed by the Sub Divisional Officer, Nasirabad, Ajmer in favour of appellant but other co sharers wife of deceased Onkar & one daughter preferred appeal before the Revenue Appellate Authority and the dispute was only confined to the share which was claimed by the present appellant on the strength of registered adoption deed.

(3.) The Revenue Appellate Authority held that the widow and three daughter are entitled to get l/4th equal share but as regard the share of present appellant, it was not accepted vide its order dt. 25.2.2009 taking note of Sec. 10(iv) of the Hindu Adoptions & Maintenance Act, 1956 (Act 1956) which clearly mandates and prohibits that he/she could not be taken in adoption who has completed 15 years of age, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.