The main legal point established in the judgment is the application of the Hindu Adoptions and Maintenance Act, 1956 and the impact of the decision of the consolidation authorities on the jurisdiction of the civil courts.

JUDGMENT :

A.K.RATH, J.

1. This appeal at the instance of the plaintiff assails the affirming judgment of the learned Ad hoc Addl. District Judge (Fast Track Court), Jagatsinghpur, in Title Appeal No.26 of 1996/27 of 1996 in a suit for declaration that Malati Mohanty, defendant no.1 is not the adopted daughter of Madhu Mohanty and the plaintiff is the successor of Madhu Mohanty.

2. The following genealogy would show the relationship of the parties.

3. The case of the plaintiff is that he had filed objection case to mutate the land in respect of the suit property of Madhu. The defendant no.1 advanced a claim that she is the adopted daughter of Madhu. Thereafter, the matter went to the Commissioner for Consolidation. By order dated 30.04.1993, the Commissioner held that Malati is the adopted daughter of Madhu. Consolidation Authority has no jurisdiction to decide the status of the parties. There is no acceptable evidence available on record that Malati is the adopted daughter of Madhu. The order of Commissioner cast a cloud of suspicion. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

4. The defendant entered contest and filed written statement denying the assertion made in the plaint. The case of the defendant is that Markanda had two sons namely; Fakira and Basu. Fakira died leaving behind his only son Chintamani. Chintamani was issueless. He adopted Madhu, the natural born son of Udi. Madhu was issueless. She is the natural born daughter of Sadhu. Madhu adopted her on 8.2.1958. Satyanarayan Puja was performed. There was giving and taking ceremony. Her natural mother had handed over her to her adoptive parents. She remained in the house of Madhu as his adopted daughter. Her father admitted her in Jaipur U.P. School. After her marriage, she and her husband remained in the house of her father. After death of her father Madhu in the year 1982, she inherited the properties of her father. Her name has been recorded in the Hal Consolidation ROR. During the current Settlement Basu died, Gunduchi was looking after the settlement affairs on behalf of Basu. Gunduchi managed to record his name in the Settlement camp falsely identifying himself as the son of Basu. Gunduchi was stranger to Basus family. C.S.R.O.R. has been wrongly published in the name of Gunduchi. The plaintiff is a stranger to the family of Basu. He has no title over the properties of Basu.

5. Stemming on the pleadings of the parties, learned trial court struck six issues. Parties led evidence, oral and documentary. On an anatomy of evidence and pleadings of the parties, learned trial court came to hold that defendant no.1 is the adopted daughter of Madhu, brother of her father Sadhu. There is no restriction to adopt a girl child after coming into operation of the Hindu Adoptions and Maintenance Act, 1956. Defendant is entitled to succeed the property of Madhu. The decision of the Consolidation Authority shall operate as res judicate. Held so, it decreed the suit. Unsuccessful plaintiff filed Title Appeal No.26 of 1996/27 of 1996, before the learned Adhoc Addl. District Judge (Fast Track Court), Jagatsinghpur, which was eventually dismissed.

6. The appeal was admitted on the following substantial questions of law:

(i) Whether in fact the civil court has no jurisdiction to decide the question of status that is the question of adoption of Malati by Madhu, when the consolidation authority ancillary or incidentally has decided the issue, in view of the fact that Section 51 of the Consolidation of Holdings and Prevention of Fragmentation of Land Act is a bar to entertain the suit ?

(ii) Whether Ext.A has any legal effect when ceremony of giving and taking as required under law has not been proved in view of the settled position of law that no document can be a substitute for giving and taking and whether the forum below committed error of record in observing that D.W.2 has proved the giving and taking ceremony of Malati by her natural father and