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1973 Supreme(J&K) 4

SYED WASI-UD-DIN, S.MURTAZA FAZAL ALI, MIAN JALAL-UD-DIN
Shamsher Singh – Appellant
Versus
Dy. Custodian General – Respondent


Advocates Appeared:
Advocate For Appellant: Ch. Inder Dass
Advocate For Respondent: Amar Chand Vaid
Advocate For Respondent: G.L. Gupta

This petition seeks to quash the order of the respondent No. 1 dated 4th April 1969 cancelling the allotment of the land made in favour of Mst. Gogri the deceased. The petitioner claims the said land as the adopted son of the deceased.

2. The case of the petitioner is that Mst. Gogri was allotted 8 acres of land by the Joint Rehabilitation Board before 1954. At the time of allotment her family consisted of two members Mst. Gogri herself and Prakasho her daughter. Parkasho was married outside her parents house. Mst. Gogri adopted the petitioner as her son and executed a deed of adoption in his favour. The petitioner thus became a member of her family. As the deed of adoption was a registered document a presumption was created in favour of the adoption under section 16 of Hindu Adoption and Maintenance Act. On the death of Mst. Gogri the P. R. O. did not accept the petitioner as the adopted son of Mst. Gogri as he was of the opinion that the petitioner had no right to hold the land as no adoption had taken place. He therefore quashed the allotment in favour of Mst. Gogri and allowed the petitioner to retain only two acres of land. On appeal the Deputy Custodian General Respondent No.












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