RSA No. 2348 of 2007 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 3.9.2009 (i) RSA No.2348 of 2007. Ram Karan and another ......Appellants Versus Ram Kala and others .......Respondents (ii) RSA No.2350 of 2007. Ram Karan and another ......Appellants Versus Ram Kala and others .......Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri O.P. Nagpal, Advocate, and Shri Jatinder Nagpal, Advocate, for the appellants. Shri Suresh Goyal, Advocate, for LRs of respondent No.1. Shri Vijay Lath, Advocate, for respondent Nos. 2 to 8. HEMANT GUPTA, J. (Oral). This order shall dispose of RSA Nos. 2348 and 2350 of 2007 filed by defendant Nos. 1 and 2, arising out of a suit for declaration filed by the plaintiff-respondent No.1 claiming 1/3rd share in the estate of Mangal Singh, as his legal heir. The defendants have filed counter claim that the defendants have ½ share in the suit property as the plaintiff was adopted by RSA No. 2348 of 2007 (2) Dalipu, brother of Mangal when he was a young child. The learned trial Court decreed the counter claim and dismissed the suit filed by the plaintiff. But in appeal, the counter claim was dismissed and the suit decreed. Still aggrieved, the defendant Nos. 1 and 2 have filed two appeals against the judgment and decree whereby suit has been decreed and counter claim dismissed. It has been found by the learned first Appellate Court that Mangal had three sons Ramji Lal, Ram Kala and Ram Sarup. The said relationship is not denied by the appellant. The plea of the defendant- appellant is that Ram Kala was adopted by Dalipu, brother of Mangal. Therefore, the plaintiff has all rights in the family of Mangal. The factum of adoption is sought to be proved by the jamabandi entries for the year 1973- 74 (Exhibit D.1) and for the year 1995-96 (Exhibit P.2.). The first Appellate Court found that though the jamabandi entries carry the presumption of correctness, but such presumption does not extend to exclude the proof of adoption. The factum of adoption is required to be proved. It is further found that mutation Exhibit D.6 shows that in the year 1962, mutation of inheritance of Dalipu was sanctioned in favour of the plaintiff on the basis of some writing on the stamp paper on 26.11.1999. The year 1999 is of Bikram Sanvat corresponding to the year 1942. It was found that there is no proof of adoption in the present suit. Ceremonies of adoption have also to be proved even under the custom prior to the commencement of the Hindu Adoption and Maintenance Act, 1956. The defendants have not alleged any ceremony of adoption under the custom or under the present law. It has also come on record that Mangal died in the year 1947 and Dalipu in the year 1960. Therefore, the plaintiff would succeed to the estate of Mangal, after RSA No. 2348 of 2007 (3) his death in the year 1947. There is no proof of adoption by Dalip at any time prior to the death of Mangal. Therefore, Ram Kala would succeed to the estate of Mangal in equal share along with the appellants. It is wholly immaterial if Ram Kala has also got estate of Dalipu after his death in the year 1960 as such estate is not subject matter of challenge in the present suit. The learned first Appellate Court has considered the entire evidence to return a finding of fact that the defendant-appellants have failed to prove the factum of adoption so as to disinherit the plaintiff from the estate of Mangal. Such finding of fact is based upon appreciation of evidence. It could not be pointed out that any evidence has been misread or not taken into consideration. I do not find that the findings recorded suffer from any patent illegality or irregularity, which may give rise to any substantial question of law in the present appeals arising out of the suit for declaration and counter claim. Hence, both the appeals are dismissed. (HEMANT GUPTA) JUDGE 03-09-2009 ds