Adoption recognized by Hindu Law, Mohammaden Law, and Canon Law validates the adopted son's entitlement to inherit the assets of the adoptive parents.

D. Sreedevi, J.

This appeal is directed against the decree and judgment in A.S. No. 92 of 1989 of the Sub Court, Thalassery, which was filed against the decree and judgment in O.S. No. 458 of 1987 of the Munsiffs Court, Kannur. The plaintiff before the trial court is the appellant.

2. The case of the appellant is that the plaint schedule property originally belonged to deceased George Correa and his wife Jane Correa, as per document No. 912/1955. Jane Correa pre-deceased her husband George Correa. She died on 2-11-1970. George Correa died on 18-12-1976. His legal representatives are the plaintiff and defendants 1 and 2 and another son Malvin, who is no more. The legal representatives of Malvin Correa are defendants 3 to 8. The plaintiff claiming to the adopted son of George Correa sued for partition of the plaint schedule property.

3. The defendants contended that the suit is not maintainable, that the plaintiff is not the adopted son of deceased George Correa, that George Correa never adopted him as his son, that Christian Law has never recognised adoption and hence the plaintiff has no right over the plaint schedule property.

4. The trial Court passed a preliminary decree for partition. Aggrieved by the said decree and judgment, the defendants filed A.S. No. 92 of 1989 before the Sub Court, Thalassery. The learned Sub Judge allowed the appeal setting aside the decree and judgment of of the trial Court and dismissed the suit. Aggrieved by the said decree and judgment of the Sub Court, the plaintiff has preferred this appeal.

5. The only question that arises for consideration in this appeal is whether George Correa had adopted the plaintiff as his son and if so is he entitled to any share over the plaint schedule property.

6. Considering the importance of the question involved in this case, at the instance of the counsel for the appellant, Mr. V. Giri, Advocate, was appointed as amicus curiae to assist the court. He has brought to my notice the scope of adoption, the various provisions of law and custom prevailing among the various communities in India. The learned counsel for the appellant submitted that Christian Law does not recognise adoption and as such the plaintiff cannot claim any share over the plaint schedule property, as the adopted son of George Correa. The defendants also deny the status of the plaintiff as the adopted son of Correa couple.

7. The plaintiff claims to be the adopted son of George Correa and Jane Correa. According to him, he was adopted by Correa couple on 8- 6-1946 at Kannur Holy Trinity Church. The first defendant does not challenge the status of the plaintiff as the adopted son of Correa couple. The second defendant admits that the plaintiff was living with her parents and that he had been given all sorts of facilities and encouragements as that of a member of the family. In paragraph 6 of the written statement the second defendant admits as follows:

"The plaintiff is seeking to put forward a case that he is the adopted son of George Correa merely on the basis of the close relationship that existed between him and the family of George Correa. He was treated by this defendant as well as the other children of the George Correa as a relation of theirs and he was also allowed to partake of their hospitality and he was given a lot of encouragement and help by them. This close association cannot take the place of a legal adoption of the plaintiff by George Correa. Adoption is a positive legal act. It is not a situation that arises in consequence of the relationship between the parties or the acceptance of a relationship very close to each other. In fact, the plaintiff is grossly misusing the kindness and love that has been shown to him by this defendant, her husband and the George Correa".

From the above statements, a clear picture of a son living along with Correa couple can be seen. Till the date of death of George Correa the plaintiff was living with him and thereafter he was residing with the s