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HIGH COURT OF JAMMU AND KASHMIR
ABDUL RASHID RATHER AND OTHERS – Appellant
Versus
NABIR RATHER AND ANOTHER – Respondent
JUDGMENT :
1) The petitioner/appellant has sought review of judgment dated 14.11.2006, whereby civil second appeal filed by the petitioner/appellant has been dismissed.
2) It appears that the predecessor-in- interest of the respondents had filed a suit for declaration on 26th of February 1966 against the predecessor-in- interest of the petitioners before the Court of learned Munsiff, Ganderbal. In the said suit, the plaintiff had sought a declaration to the effect that he is the adopted son of one Mohammad Rather and that after his death he has become the owner in possession of about 9 kanals of land situated at village Manigam, Tehsil Ganderbal. The plaintiff had also sought an injunction against the defendant Ramzan Rather restraining him from interfering with his possession over the suit land.
3) On the basis of the pleadings of the parties, the trial court framed the following issues:
1. Whether the plaintiff is the adopted son of Mohammad Rather and is, as such, in possession of the suit land as owner thereof? OPP
2. Whether the defendant is interfering with the proprietary possession of the plaintiff? OPP
3. When has cause of action accrued to the plaintiff? OPP
4. Whether Mohammad
The principle of res judicata prevents re-agitation of issues already decided in earlier litigation, and adoption is not recognized under Mohammadan law.
Mahomedan law restricts testamentary bequests to one-third of the estate without consent from other heirs, a principle courts erred in evaluating, leading to misjudgment of the plaintiff's rights.
A valid adoption under the Hindu Adoptions and Maintenance Act cannot be cancelled, and a registered adoption deed carries a presumption of validity unless disproven. Additionally, the burden of proo....
Mohammadan Law – Batil Marriage – Unless first marriage is duly dissolved as per Mohammadan law second marriage should be considered as ‘Batil’ marriage.
The central legal point established in the judgment is the requirement for a valid adoption to be acted upon, including the physical act of giving and taking the minor in adoption. The burden of proo....
The main legal point established in the judgment is the requirement for evidence to prove the existence of local tribal or family custom permitting the adoption of a female child under ancient Hindu ....
The main legal point established in the judgment is that the plaintiff proved his case as the adopted son and was entitled to the lands. The court also highlighted the requirements of a valid adoptio....
The validity of adoption requires clear, cogent evidence of factum, including actual giving and taking; mere documentation is insufficient without proof of the legal requirements.
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