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2016 Supreme(HP) 1468

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Dharam Chand Chaudhary, J.
Smt. Ayodhya (Now deceased) through her LRs Smt. Vidya Devi and others - Appellants.
Versus
Sh. Nikku Ram and others - Respondents
RSA No. 351 of 1998
Decided on : 24-08-2016

Advocates:
Advocate Appeared:
For the appellants :Mr. Sanjeev Bhushan, Senior Advocate with Ms. Abhilasha Kaundal, Advocate.
For the respondents:Mr. J.L. Bhardwaj, Advocate.

The main legal point established in the judgment is the admissibility of the adoption deed, the presumption of truth attached to entries in revenue records, and the legal principles governing adoption under Hindu Law.

Headnote:

Adoption - Property Dispute - Evidence Act, Hindu Law - Section 90 of the Indian Evidence Act, Adoption Deed, Mutation of Inheritance - The court discussed the validity of adoption, the effect of adoption on property rights, and the admissibility of evidence under Section 90 of the Indian Evidence Act. The court also considered the presumption of truth attached to entries in revenue records and the legal principles governing adoption under Hindu Law. The court concluded that the adoption deed was legally admissible in evidence and that the defendants failed to prove that the adoption was not legal or valid. The court also held that the entries in the revenue record and the plea of 'Khangi Vasiyat' supported the plaintiffs' claim of exclusive ownership of the suit land. The court dismissed the appeal, finding that no substantial question of law arose for determination.

Fact of the Case:

The case involved a property dispute stemming from the adoption of Shiv Saran by his uncle Anant Ram. The plaintiffs sought a declaration of exclusive ownership of the suit land, while the defendants claimed co-ownership.

Finding of the Court:

The court found in favor of the plaintiffs, holding that the adoption of Shiv Saran was valid and that the entries in the revenue record supported the plaintiffs' claim of exclusive ownership. The court dismissed the appeal, finding no substantial question of law for determination.

Issues: The issues included the validity of adoption, entitlement to property inheritance, the effect of a will, the legality of revenue entries, maintainability of the suit, cause of action, estoppel, and valuation of the suit.

Ratio Decidendi: The court's decision was based on the admissibility of the adoption deed, the failure of the defendants to prove the adoption was not legal or valid, and the support for the plaintiffs' claim in the revenue record and the plea of 'Khangi Vasiyat'. The court also considered the absence of a plea on limitation in the defendants' defense.

Final Decision: The court decreed the suit in favor of the plaintiffs, dismissed the counter-claim of the defendants, and dismissed the appeal, finding no substantial question of law for determination.

JUDGMENT :

Dharam Chand Chaudhary, J.

This appeal is directed against the judgment and decree dated 23.04.1998 passed by learned District Judge, Solan camp at Nalagarh in Civil Appeal No. 86- NL/13 of 1996, whereby the judgment and decree passed by learned Sub Judge 1st Class, Nalagarh in Civil Suit No. 420/1 of 1991 dated 29.10.1996 has been affirmed and appeal dismissed.

2. The facts of the case not in controversy, in a nut-shell, are that Jangi was the common ancestor of the parties to the present lis. He was succeeded by his two sons Anant Ram and Dhani Ram. Dhani Ram had two sons namely Govind Ram and Shiv Saran. They both have since died and the parties to the present lis are their legal heirs. Anant Ram was issueless. He adopted during his lifetime Shiv Saran, predecessor-ininterest of defendants vide adoption deed dated 29.02.1999, Ext. PW-1/A. On the death of Anant Ram, it is Shiv Saran who inherited his property vide mutation No. 14 dated 01.12.1955, however, on the death of Dhani Ram, the estate he left behind was mutated in favour of both Govind Ram and Shiv Saran vide mutation No. 11 dated 26.02.2005 Therefore, Shiv Saran came to be entered being owner of the property left behind by his father deceased Dhani Ram to the extent of half share along with his brother Govind Ram, predecessor-in-interest of the plaintiffs. On the basis of such entries Shiv Saran filed an application for separation of the land to the extent of half share out of the suit land before the Assistant Collector 1st Grade, Nalagarh in the year 1978. The plaintiffs, however, have raised the question of title on the ground that after being adopted as his son by Anant Ram, he left with no right, title or interest in the suit property. Learned Assistant Collector 1st Grade has, therefore, dismissed the application with liberty to deceased Shiv Saran to get the question of title so raised decided in a Civil Court having jurisdiction to entertain and decide the same. Said Shiv Saran instead of filing a suit in the civil Court, preferred an appeal registered as Case No. 13/79 before the Collector, Nalgarh against the order passed by the Assistant Collector 1st Grade. The appeal, however, also met with the same fate because learned Collector has dismissed the appeal and affirmed the order passed by the Assistant Collector 1st Grade. Since in the record-of-rights, the suit land entered in Khewat/Khatauni No. 9/9 Kitas 11 measuring 6b-4b is in exclusive possession and ownership of the plaintiff and land comprised in Khewat/Khatauni No. 10/10 Kita 13 measuring 11b-2b is in exclusive possession and ownership of the parforma defendants and land comprised in Khewat/Khatauni No. 11/11 kitas 8 measuring 11b-19b is in joint possession and ownership of the plaintiff and proforma defendants and land comprised in Khewat/Khatauni No. 16/16 Kitas 3 measuring 9 bighas is in joint possession of the plaintiffs and proforma defendants to the extent of shares given in the Jamabandi and land comprised in Khewat/Khatauni No. 7/7 Kitas 6 measuring 1b-19b as per entries in the Jamabandi for the year 1988-89 situated in village Malaun Bhagatan, Hadbasts No. 107, Tehsil Nalagarh, District Solan, H.P. was recorded to the extent of half share in the name of said Shiv Saran on the basis of mutation of inheritance sanctioned and attested in his favour and in that of his brother Govind Ram, predecessor-in-interest of plaintiff and on the death of their father Dhani Ram and as said Shiv Saran was adopted son of Anant Ram, his real (Taya), the plaintiffs, therefore, sought declaration to the effect that it is they along with defendants No. 11 and 12 are exclusive owner in possession of the suit land and the entries showing the defendants as owners in possession are illegal, null and void, hence void-abinitio having no effect on the rights of the plaintiffs and proforma defendants thereon. As a consequential relief, a decree for permanent prohibitory injunction restraining the defendants














































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