The plaintiff/appellant has come up in appeal, aggrieved by the judgments and decrees of the Courts below concurrently dismissing his suit for declaration of title.

Vide order dated 21.9.1981, this appeal was admitted for hearing parties on the following substantial question of law:-

"Whether adoption should have been presumed in favour of the appellant under section 16 of the Hindu Adoptions and Maintenance Act?"

The defendant/respondent No.2 Chakrapan is the recorded Bhumiswami of an agricultural holding which has been subject- matter of the proceedings under the M.P. Ceiling on Agricultural Holding Act, 1960. The land was found to be surplus and hence the surplus has been directed to be vested in the State. The defendant/respondent No.2, as well as the plaintiff/appellant set-up a claim before the Competent Authority under the Ceiling Act submitting that the plaintiff/appellant was the adopted son of Chakrapan and being a member of Joint Hindu family was entitled to one-half share in the holding. The story of adoption was not accepted by the Ceiling Authority. Admittedly, Chakrapan did not have any natural issue.

The M.P. Ceiling on Agricultural Hol