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2017 Supreme(P&H) 1593

ANIL KSHETARPAL
Sube Singh – Appellant
Versus
Parveen @ Manjeet – Respondent


Advocates Appeared:
For the Appellant :Mr. Harkesh Manuja, Advocate
For the Respondents:Mr. J.S. Cooner, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. The appellant-plaintiff is in Regular Second Appeal against the concurrent findings of fact arrived at by the Courts below dismissing the suit filed by the plaintiff.

2. Devi Singh had four sons namely Rajender, Sube Singh, Joginder and Narender and two daughters namely Sumitra and Santosh. Dispute in the present case is with regard to the estate of Narender one of the son of Devi Singh who died unmarried and issueless on 08.07.2005. Late Sh. Narender had adopted Parveen @ Manjeet son of brother Rajender through registered Adoption Deed dated 26.05.2005 which is Ex.D1 on the trial Court record.

3. It is the case of Sube Singh that such Adoption Deed is not valid for two following reasons:-

(i) Parveen @ Manjeet was beyond the age of 15 years on the date of adoption.

(ii) Specific custom has not been pleaded and, therefore, defendants cannot be permitted to take advantage of the custom.

4. The learned trial Court dismissed the suit on the ground that Parveen is not proved to be more than 15 years of age.

5. The First Appellate Court although recorded a finding that Parveen was born on 20.05.1990 and since Adoption Deed is dated 26.05.2005, hence he was beyo






















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