Civil Appeal No 219 of 1970
Appeal by Special Leave from the Judgment and Decree dated 30 4 1969 of the Rajasthan High Court in section B Civil Regular Second Appeal No 56965
section M Jain section K Jain and Indira Makwana for the Appellant
R K Garg V J Francis and Sushil K Jain for the Respondent
The Judgment of the Court was delivered by CHANDRACHUD CJ
A deed of adoption is alleged to have been executed by one Mansaram on August 10 1944 stating that he had adopted the appellant Madan Lal
A suit to challenge that deed was dismissed by the trial Court
The learned District Judge Jodhpur confirmed the judgment of the trial Court but in second appeal No 569 of 1965 a learned single Judge of the Rajasthan High Court set aside the judgment of the Courts below and decreed the suit
By this appeal by special leave the defendant questions the correctness of the High Court s judgment dated April 30 1969
The principal point of controversy involved in the suit was whether Mansaram was in a fit state of mind when he executed the deed of adoption
This substantially is a question of fact but we find that the trial Court and the District Court wholly ignored the weight of preponderating circumstances on the record and allowed their judgments to be influenced by inconsequential matters
The High Court was therefore justified in reappreciating the evidence and in coming to its own independent conclusion on the basis of that evidence
596 Earlier Mansaram had allegedly executed another deed of adoption in favour of the appellant Madan Lal but the Registrar refused to register that deed by his order Exhibit 2 dated January 29 1940 on the ground that Mansaram who presented the deed for registration appeared to him to be a lunatic
The matter was remanded by the Mahakma Khas to the Registrar with a direction that Mansaram be recalled and the question whether the deed should be registered decided afresh
The Registrar thereupon examined Mansaram and passed an order Exhibit 3 dated July 14 1940 stating that Mansaram no doubt appeared to be a little better but that while at one time he talked like a same man he would on occasions fall into a reverie and was completely lost to the world
The Registrar noted that Mansaram was unable to understand the simplest questions put to him that he took an unreasonably long time to answer those questions and gave wholly incorrect answers to elementary questions like whom he had adopted and whether he himself was married or unmarried
The Registrar therefore reaffirmed his pre remand view and refused to register the deed
A suit was then brought by the appellant on September 11 1940 for the compulsory registration of the aforesaid deed of adoption
The Court of Joint Kotwal No 2 in which the suit was filed was concededly a regular Civil Court of competent jurisdiction at the relevant time
A written statement was filed in that suit by one Shri Raj Narain advocate on behalf of Mansaram admitting the appellant s claim that he was validly adopted by Mansaram
The authority of that admission having been challenged the learned Chief Justice of the High Court sitting in revision made an order Exhibit 15 dated August 16 1941 stating that the matter did not appear to him to be absolutely clear
He observed that Mansaram claimed to be an MA in English though in fact he did not understand a simple sentence in English
The learned Chief Justice therefore examined the matter further and made an order Exhibit 18 dated December 4 1941 directing that an issue be framed on the question whether Mansaram was of sound mind and was capable of protecting his own interest in the suit
After the remand the learned Joint Kotwal recorded the statement of Mansaram on December 14 1943
That statement is at Exhibit 5
Mansaram s wit and wisdom is reflected in a part of that statement wherein he said that he was 65 years of age and that his mother was about 50 years old
When the fundamental absurdity of this hypothesis was pointed out to him he made a feeble attempt to correct himself by saying that his mother may be of 70 years of age
In fact the record of the evidence given by Mansaram before the Joint Kotwal shows that he gave at one time an impression 597 that his mother was alive and was living with him although admittedly she had died long since
In the circumstances the Joint Kotwal passed an order on January 4 1944 which was the only order to pass that he had no hesitation in holding that Mansaram was not of sound mind and was incapable of protecting his interest in the suit
The learned Judge formed the impression which he recorded in the proceedings that Mansaram was tutored to make certain statements on the questions arising in the suit and that he looked like a frightened animal
The deed of adoption dated August 10 1944 which is impugned in the present suit contains a bald assertion that Mansaram had taken the appellant Madan Lal in adoption
But significantly the deed does not mention the year the date or the place of adoption
It does not either mention as adoption deeds generally mention the names of persons who were present at the time of adoption
In fact on the record of this case there is no evidence whatsoever to show when and where the adoption took place and even whether the necessary ceremonies were performed
We cannot accept the submission though strongly pressed upon us by Shri Sobhagmal Jain who appears on behalf of the appellant that what the plaintiff had challenged in the suit was the validity of the deed of adoption and not the factum of adoption
On a broad and careful reading of the plaint we are left in no doubt that the real drift of the plaint is that Mansaram was not in a fit state of mind at the relevant time that no adoption could have taken place in fact and that therefore the deed of adoption cannot confer on the appellant the rights of an adopted son
Relying on the evidence of Somdatt DW 2 Shri Raj Narain DW 6 a lawyer Moolraj DW 9 and Dr Umraomal DW 10 Shri Sobhagmal Jain argues that Mansaram was in a fit state of mind when he executed the impugned deed
We are unable to accept this submission
Indeed the halting evidence of Dr Umraomal itself throws a cloud on the mental capacity of Mansaram and renders it improbable that he could perform or authorise the performance of the act of adoption or that he could have executed the deed of adoption with an understanding mind
His mental faculties were evidently too enfeebled to enable him to enter into a transaction which in law has a religious cum spiritual significance and which in a worldly way affects valuable rights to property
The High Court has examined every facet of the evidence with great care and we are in agreement with the learned Judge that Mansaram was not in a fit state of mind when he executed the deed of adoption
He could 598 not have possibly understood the nature and consequences of what he was doing
In the result the appeal fails and is dismissed but there will be no order as to costs
May we add that this judgment properly understood will not be a charter for interference by the High Courts with findings of facts recorded by the final Court of facts
The situation here was of an exceptional character where evidence which was incapable of supporting more than one conclusion was considered as justifying a conclusion which no reasonable tribunal could rationally reach
NKA Appeal dismissed


Summary:
A deed of adoption was executed by one M on August 10 1944 stating that he had adopted the appellant
A suit to challenge this deed was filed contending that M was not in a fit state of mind when he executed the deed
The suit was dismissed by the Trial Court and this order was confirmed by the District Court
In second appeal the High Court set aside the judgments of the Courts below and decreed the suit
Earlier M had executed another deed of adoption in favour of the appellant but the Registrar refused to register that deed on the ground that the executant appeared to him to be a lunatic
The matter was remanded by the Mahakma Khas to the Registrar with a direction that the executant be recalled and the question decided afresh
The Registrar thereupon examined the executant and finding him unable to understand the simplest questions put to him and giving wholly incorrect answers to elementary questions like whom he had adopted reaffirmed his pre remand view and refused to register the deed
A Suit was then brought by the appellant on September 11 1940 for the compulsory registration of the aforesaid deed of adoption
A written statement was filed on behalf of M admitting the appellant s claim that he was validly adopted
The authority of that admission having been challenged the High Court in revision examined the matter further and directed that an appropriate issue has been framed on the question
After the remand the Joint Kotwal passed an order on January 4 1944 holding M was not of sound mind and was incapable of protecting his interest in the suit
The High Court agreed with the findings of the Joint Kotwal
On appeal by special leave and dismissing the appeal it was  HELD 1 Apart from the bald assertion that the appellant was taken in adoption the deed does not mention the year the date or the place of adoption
It does not either mention the names of persons who were present at the time of adoption
In fact there is no evidence whatsoever to show when and where the adoption took place and even whether the necessary ceremonies were performed
597 C D 2 The real drift of the plaint is that M was not in a fit state of mind at the relevant time that no adoption could have taken place in fact and that therefore the deed of adoption cannot confer on the appellant the rights of an adopted son
597 E 595 3 The argument that M was in a fit state of mind when he executed the deed cannot be accepted
Indeed the halting evidence of the doctor one of the witnesses throw a cloud on the mental capacity of M and renders it improbable that he could perform or authorise the performance of the act of adoption or that he could have executed it with an understanding mind
His mental faculties were evidently too enfeebled to enable him to enter into a transaction which in law has a religious cum spiritual significance and which in a wordly way affects valuable rights to property
597 F H 4 The trial court and the District Court wholly ignored the weight of prepondering circumstances on the record and allowed their judgments to be influenced by inconsequential matters
The High Court was therefore justified in re appreciating the evidence and coming to its own independent conclusion on the basis of that evidence
H 5 The situation here was of an exceptional character where evidence which was incapable of supporting more than one conclusion was considered as justifying a conclusion which no reasonable Tribunal could rationally reach
This judgment will not be a charter for interference by the High Courts with findings of facts recorded by the Final Court of facts
598 B C