The central legal point established in the judgment is the requirement to prove adoption as per the legal provisions of the Hindu Adoption and Maintenance Act, 1956, Section 10.

ALKA SARIN, J.

1. The present appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 06.05.2022 passed by the First Appellate Court whereby the judgment and decree dated 18.03.2019 passed by the Trial Court has been set aside and the suit of the plaintiff-appellant has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-appellant filed a suit for issuance of a decree for declaration to the effect that the plaintiff-appellant is the adopted son of deceased - Gurbax Singh - and is owner in possession of land measuring 59 Kanals 13 Marlas described in detail in the plaint situated in village Lalluwala, Tehsil Zira, District Ferozepur and that the Will dated 30.11.2015 executed by deceased - Gurbax Singh - in favour of defendant-respondent No.1 in connivance with defendant-respondent Nos.2 and 3 was illegal, null and void and further challenged the mutation No.1259 sanctioned on the basis of the said Will. The plaintiff-appellant approached the Court averring in the plaint that he was the adopted son of deceased - Gurbax Singh - and was the owner in possession of the land left by Gurbax Singh. It was further averred that the plaintiff-appellant was taken in adoption by Gurbax Singh and his wife, Jalla Bibi. The ceremony of giving and taking took place at village Lalluwala in the presence of the relatives and respectables of the locality and since the adoption the plaintiff-appellant was residing with Gurbax Singh and Jalla Bibi and they treated the plaintiff-appellant as their son. It was further pleaded that the name of the plaintiff-appellant had also been incorporated in the ration card as son of deceased - Gurbax Singh - as also in the Aadhaar Card he was shown as son of deceased - Gurbax Singh. It was further averred that the marriage of the plaintiff-appellant was solemnized by deceased - Gurbax Singh - and his wife, Jalla Bibi, and they performed all the ceremonies as parents of the plaintiff-appellant. Further, the Will dated 30.11.2015 was challenged as being a procured one and being forged and fabricated. On notice, the defendant-respondents appeared and filed their written statement. It was submitted that the mother of the plaintiff-appellant was the sister of deceased - Gurbax Singh - and the plaintiff-appellant was a permanent resident of village Mahalam/Chak Balochan Wala, Tehsil Jalalabad, District Fazilka and the name of his father was Munsha Singh. It was further the stand taken that the plaintiff-appellant and his wife, Bhajan Kaur, were registered employees in the village Chak Balochan Wala under the Mahatma Gandhi National Rural Employment Guarantee Act i.e. MGNREGA and their Ration Card showed that they were permanent residents of village Chak Balochan Wala and were continuously taking ration from the said Depot. The factum of adoption was denied. Qua the Will it was stated that Gurbax Singh executed a registered Will in favour of defendant-respondent No.1 and defendant-respondent Nos.2 and 3 were the attesting witnesses of the Will and further that mutation No.1259 was also entered on the basis of the said Will. Replication was not filed by the plaintiff-appellant.

3. On the basis of the pleadings of the parties, the following issues were framed :

1. Whether the plaintiff is entitled to the decree for declaration as prayed for ? OPP

2. Whether the suit of the plaintiff is not maintainable in the present form as prayed for ? OPD

2A. Whether the Will dated 30.11.2015 is validly executed by Gurbax Singh deceased ? OPD

3. Whether the suit of the plaintiff is counter blast of the suit filed by the defendant ? OPD

4. Whether the plaintiff has not come to the Court with clean hands and has concealed true and material facts from this honourable court ? OPD

5. Relief.

4. The Trial Court decreed the suit holding that the plaintiff-appellant was the adopted son of deceased - Gurbax Singh - and further that the Will dated 30.11.2015 executed by Gurbax Singh in f