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2006 Supreme(Raj) 2391

SHIV KUMAR SHARMA
Mali Ram & Ors – Appellant
Versus
B. O. R. – Respondent


Advocates Appeared
Bhanu Pareek, for Petitioners;
R.P. Kuldeep, Addl. Govt. Advocate, for State;
R.K. Goyal, for Respondents

Honble SHARMA, J.—The challenge in the instant writ petition is to the order of Board of Revenue (for short ‘Board’) respectively passed on April 3, 1992. August 13, 1997 and January 20, 1998 whereby it was held that the responent Hanuman had 1/3 share in he agricultural land belonging to deceased Deva his adopted son.

2. I have heard learned counsel for the parties and carefully scanned the material on record.

3. The Board allowed the revision vide order dated April 3, 1992 filed by respondent Hanuman and directed that 1/3 share of deceased Deva be mutated in favour of Hanuman. The special appeal filed under Section 11 of Rajasthan Land Revenue act by the petitioners was also dismissed on August 13, 1997 as it held that Hanuman had 1/3 share in the land of deceased Deva in view of registered adoption deed executed by deceased Deva in favour of Hanuman. Review petition filed by the petitioner was also dismissed on January 20, 1998.

4. Presumption of genuineness is attached to the registered adoption deed as per Section 16 of the Hindu Adoptions and Maintenance Act, 1956 (for short, ‘1956 Act’) which provides as under:

"16. Presumption as to registered documents relating to adoption.—Wh





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