TMI Blog1970 (3) TMI 181X X X X Extracts X X X X X X X X Extracts X X X X ..... --------------------------------------- Kedar Nath Hiralal (died Laddoomal Ramass (died in 1897) during his (died -------------- father's life issueless time) in 1871) ------------------------- (1St wife (2nd wife) died in Dwaramal 1874) alias Shyam Behari Dwarkadas Mantoo Mal Lal (died in (died in (adopted by 1885) 1897) at Gopal Das) age 25 or 27. deft. No. 1 (other children, died during minority). ----------------------------- Changumal Smt. Misro Smt. Kaushilla died in 1923 (died in 1917) (dead) ------------------------------------- Smt.Raj Rani Shanker Sahai Manohar Das (died childless (died in (alive) 1944 or 1945) 1929) ---------------------------------------------- Smt. Radhey Rani Smt. Drupati Mukut Behari -- -- -- Lal -- -- -- (Deft. No. 2) Govind Prasad Ram Kumar Ram Swarup --------- -------------------------- Mahesh Bebari Ram Prasad (Deft. No. 3) (Deft. No. 4) (Four other children died 1940-41) Gopal Das Smt. Kundan Smt. Shyamo Masani Din (died on (died in (died in (died issueless) 18-2-34) 1914) 1923 or 1904) --------------------------------------- Smt. Bhagwan Baghumal Kedar Nath Del (died in 1932) (died in 1925) (died on 19-10-1934) Debi Prasad Plff. No. 1 ----- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting him for over a quarter of century as his son. There is also plenty of reliable evidence to show that close relations of Gopal Das including Debi Prasad treated Shyam Behari Lal as the son of Gopal Das both during the life time of Gopal Das and also thereafter till about the time the suit from which this appeal arises was instituted. As mentioned earlier Gopal Das as well as his wife died in 1934 and the suit from which this appeal arises was filed in 1946. 7. While considering the question of proof of the adoption pleaded, we must bear in mind the fact that the same is alleged to have taken place in 1892 nearly 54 years before the present suit was instituted. Therefore, naturally, it was extremely difficult for Shyam Behari Lal to adduce any oral evidence in proof of that adoption. All the persons who could have known about the adoption are likely to have died. Shyam Behari Lal himself could not speak to that adoption. His evidence is at best hearsay. It is true, as observed by this Court in Addagada Raghayamma and Anr. v. Addagada Chenchamma and Anr. [1964]2SCR933 that it is settled that (a person who seeks to displace the natural succession to property by alleging an adop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hough the person who pleads that he had been adopted is bound to prove his title as adopted son, as a fact yet from the long period during which he had been received as an adopted son, every allowance for the absence of evidence to prove such fact was to be favourably entertained, and that the case was analogous to that in which the legitimacy of a person in possession had been acquiesced in for a considerable time, and afterwards impeached by a party, who had a right to question the legitimacy, where the defendant, in order to defend his status, is allowed to invoke against the claimant every presumption which arises from long recognition of his legitimacy by members of his family; that in the case of a Hindoo, long recognition as an adopted son, raised even a stronger presumption in favour of the validity of his adoption, arising from the possibility of the loss of his rights in his own family by being adopted in another family. In Rup Narain and Anr. v. Mst. Gopal Devi and Ors. 36 I.A. 103 the Judicial Committee observed, that in the absence of direct evidence much value has to be attached to the fact that the alleged adopted son had without controversy succeeded to his adoptive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and continuously treated as the son of Gopal Das, by Gopal Das himself, during his life time and by all his friends and relations including Debi Prasad. 12. Before dealing with the evidence mentioned earlier, it. is necessary to mention that the High Court has relied in proof of the adoption pleaded, on the evidence of D.W. 10 Rikhab Das and D.W. 15 Chhotey Lal. Both of them were the close relations of the wife of Gopal Das. They are disinterested witnesses. Their evidence is to the effect that sometime after the birth of Shyam Behari Lal, the wife of Gopal Das took him to her paternal home where Paon Pheri ceremony was performed. There is satisfactory evidence to show that this ceremony is customarily performed in the parental home of a lady who has given birth to her first child. We see no reason to disbelieve the testimony of these witnesses. Their evidence clearly indicates the fact that Shyam Behari Lal must have been taken in adoption by Gopal Das. We may also at this stage refer to another important circumstance appearing in the case. As mentioned earlier, both Gopal Das and his wife died in the year 1934. The suit from which this appeal arises was instituted only in 194 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e noted that most of those assessment orders were made during the lifetime of Gopal Das and evidently on the basis of the returns submitted by him. If Shyam Behari Lal had not been the son of Gopal Das, he could not have been treated as a member of the coparcenary of which Gopal Das was the Karta, nor his professional income would have been added to the income of the joint family of Gopal Das. These assessment orders have considerable evidentiary value. It may be noted that these documents came into existence at a time when there was no dispute. 17. Next we come to the admissions made by the plaintiff himself. Exh. A-233 is the certified copy of the deposition of the plaintiff given in Regular Suit No. 55 of 1935 in the court of Additional Subordinate Judge, Faizabad. This deposition he gave on May 20, 1935, nearly a year after Gopal Das died. Is that deposition he stated: I am partner of the firm of Gopal Dass Chhangamal. Plaintiff No. 2 is the proprietor of the said firm. 18. If Debi Prasad was the rightful heir to the estate of Gopal Das, he could not have admitted in the year 1935 that Shyam Behari Lal was the proprietor of the firm Gopal Dass Chhangamal. Debi Prasad&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Similar averments were made in Exh. A-359. 22. Exhs. A-262, 656, 657 and A-276 are the statements made by the relations of Shyam Behari Lal and Debi Prasad wherein Shyam Behari Lal was described as the son of Gopal Das. 23. A large number of documents have been produced to show that friends, relations and even strangers were treating Shyam Behari Lal as the son of Gopal Das. The documents produced before the court conclusively prove that right from 1907 till 1946, Shyam Behari Lal was treated as the son of Gopal Das. This continuous and consistent course of conduct on the part of Debi Prasad, Gopal Das and others affords a satisfactory proof of the fact that Shyam Behari Lal must have been the adopted son of Gopal Das. No other reasonable inference can be drawn from the material on record. 24. Mr. Desai appearing on behalf of the appellants contended that we should not accept the adoption pleaded firstly because, it was unlikely that Gopal Das would have taken a child in adoption as far back as 1892 when he was only 32 years of age; secondly the story that an one day old child was taken in adoption when the family must have been in pollution must be rejected as being repu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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