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1975 Supreme(Raj) 121

DUTT
Moti Lal – Appellant
Versus
Sardar Mal – Respondent


Advocates Appeared:
P.C. Mathur, for Appellant; M.M. Vyas, for Respondents

Judgement Key Points

Key Points: - The judgment discusses the impact of posthumous adoption on coparcenary rights and succession, including relation back to the death of the adoptive father [17019760060020][17019760060021]. - The court analyzes whether an adopted son (Sardar Mal) could divest a devisee (Ranchor Das) under a will, due to the adoption after death, applying the doctrine of relation back and exceptions [17019760060020][17019760060021][17019760060016]. - The admissibility and assessment of documentary evidence of adoption, including Ex. DW13A/1 and various affidavits/will proofs, under Evidence Act and Registration Act, with discussion of sub-sections 32(3)/(5) and Section 57/59, and the effect of registration validity [17019760060007][17019760060010][17019760060011]. - The validity of the alleged joint will Ex. DW5/1 (Ladu Ram and Mst. Bugi) and its effect on the properties, including the presumption under Section 90 of the Evidence Act, and the non-application of Sec. 63 of the Succession Act due to older jurisdiction [17019760060013][17019760060014][17019760060015]. - The court’s ultimate holding that Sardar Mal is entitled to the disputed properties as the adopted son, by relation back, and that Ranchor Das’ bequest is inoperative against the adoptive rights; and the denial of future mesne profits in cross-objections [17019760060021][17019760060023].

What is the effect of adoption under Hindu law on coparcenary property when the sole surviving coparcener dies and a later adoption is effected?

What is the doctrine of relation back in the context of adopted sons and coparcenary property, and how does it affect the rights of a wille or heirs?

What is the evidentiary standard and admissibility concerns (including registration and secondary evidence) for documentary proofs of adoption and wills in a case involving coparcenary succession and redemption of property?


DUTTA, J.—This second appeal is directed against the judgment and decree of the learned District Judge, Jodhpur, dated 8th July, 1966, by which the two appeals Nos. 25 of 1962 and 137 of 1962, filed by the defendants against the preliminary decree and the final decree passed in a suit for redemption by the Additional Civil Judge, Jodhpur, were dismissed with costs and the cross-objections filed by Sardar Mal and his son Sujan Mal were partly accepted and the amount of mesne profits at the rate of Rs.60/*, p. m. with effect from the date of final decree till the date of the judgment of the learned District Judge, was added in the decree as payable by the defendants to the plaintiffs.

2. The relevant facts giving rise to the suit for redemption, out of which this appeal arises, may be described as follows—

Sardar Mal and his son Sujan Mal filed a suit for redemption of a shop in dispute situated in Sire Bazar, Jodhpur, on the basis of a mortgage-deed (Ex. 25) executed by Mst. Bugi widow of Ladu Ram in favour of Chunni Lal Baheti on Falgun Sudi 10 Samvat-year 1957 (28.2.1901). The suit was filed against Manak Lal and Moti Lal sons of Gianni Lal and their mother Mst. Dhapi Bai alias Tuls











































































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