The central legal point established in the judgment is the requirement to prove the legality and validity of adoption, especially under Santhal custom, and the reliance on evidence to determine the same.

The defendants are appellants and this appeal is against the judgment of reversal. The appeal has been admitted for hearing on the following substantial question of law :

“Whether the finding of the appellate Court below on the point of adoption is in accordance with law?”

2. The plaintiff filed Title Suit No. 30/83 for declaration that adoption of first defendant never took place and the deed of adoption is ineffective document and the same is liable to be cancelled. Plaintiffs case was that she and defendants are residents of the same village and are by caste Marandi, Lakhan Marandi had a son Bhatu Marandi, who has two daughters Mukhi Marandi and Sundari Marandi, Mukhi Marandi was married to Gopal Hembram in Gharjamai form. Their daughter Maharani Hembram was also married with Sital Tudu in Gharjamai form, Maharani Hembram is plaintiff in this case. Sundari Marandi, the second daughter, was not married in Gharjamai form. The plaintiffs further case was that after the death of Bhatu Marandi, his two daughters jointly inherited the landed property and came in possession of the suit land. Plaintiff alleged to have come to know about the illegal adoption, by which defendants-second set have adopted defendant-first set on 8-3-1983. The plaintiffs case is that no adoption had taken place, no religious ceremony was performed and there was no giving and taking ceremony. It was also alleged that a false document of adoption was created to claim the suit property. The defendants, inter alia, stated that Sundari Marandi was married in "Gharjamai" form though she had got no issue but only an adopted son. The defendants further case is that adoption took place in January. 1983 in presence of village Pradhan and other villagers in accordance with Santhal custom. The trial Court dismissed the suit disbelieving the case of the plaintiff and accepting the case of the defendants regarding adoption. Aggrieved by the said judgment and decree the plaintiff-respondent preferred appeal before the District Judge, Dumka being Title Appeal No. 25/86. The appellate Court, after re-appreciation of evidence, has come to the conclusion that the adoption never too place as alleged by the defendants and that the defendants-appellants failed to prove their case that defendant-first set was given in adoption.

3. I have heard Mr. Rajiv Sharma, learned counsel for the appellants. No one appears on behalf of the respondent.

4. The appellate Court, on appreciation of evidence, recorded the following findings:

(21) Custom differs from village to village, and family to family. The question is whether the custom of adoption is prevalent in the village of the respondent or in their family. To find out its answers, we have to look into the evidence given by them and their witnesses in the Court below. Sundari Marandi and Dhaneshwar Tuidu (who are said to have adopted Rameshwar Tudu (non-examined) as their son have figured as DW 9 and 8 respectively. DW 9, Sundari Marandi has stated that she and her husband Dhaneswhar had taken in adoption. Her husband PW 8 has stated in the last para of his evidence that no adoption has taken place in his village, nor he had seen any other taking in adoption. DW 1 has stated in para 3 of his evidence that no adoption has taken pa1ce in his presence in the village. DW 3, the Pradhan of the village, has stated in the beginning line of the cross examination that no adoption has taken place in his village. DW 5 has stated that there is custom of taking in adoption in their caste. But DW 6 has stated that no adoption had taken place in the village prior to this adoption and DW 5 is his relation. DW 7 has also stated that no adoption took place prior to it in his village.

22. Thus, we find that as per evidence of the defence witnesses in the Court below no adoption had taken place in the village and according to them this is the first adoption in the village.

23. About the rituals of adoption, we find that DW 3 is village Pradhan, wh