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Issues involved:
The judgment deals with the effect of statutory presumption as per Section 16 of the Hindu Adoption and Maintenance Act, 1956, in a case involving a dispute over adoption and inheritance rights. Effect of Statutory Presumption (u/s 16 of the Act): The statutory provision under Section 16 of the Act establishes a presumption regarding adoption when a registered document is presented, unless disproved. The use of the term "shall" indicates the mandatory nature of the presumption, but the inclusion of "unless and until it is disproved" allows for flexibility based on the evidence. This creates a rebuttable presumption, as confirmed in Modan Singh vs. Mst.Sham Kaur & Ors. The case involved a registered Deed of Adoption dated 1.6.1973, which was crucial in the dispute over inheritance rights. Interpretation of Section 16 and Burden of Proof: The judgment discusses the interpretation of Section 16 and the burden of proof in cases of adoption and inheritance disputes. The argument raised regarding the four requirements under the Act of 1956 was examined, emphasizing the need for proper scrutiny of evidence in exceptional cases. The court highlighted the importance of evidence and the heavy burden of proof in matters of adoption and succession. High Court's Emphasis on Evidence and Conduct: The High Court's emphasis on the conduct of the adopted son and the availability of evidence to rebut the presumption of adoption were crucial in the case. The court considered various pieces of evidence, including voter lists, tax receipts, mutation proceedings, and Jamabandi records, to assess the validity of the adoption claim. The court concluded that the evidence presented effectively rebutted the presumption of adoption, leading to the dismissal of the appeals. Rebuttal of Presumption and Adoption Deed Analysis: The judgment delves into the analysis of the Deed of Adoption presented in the case, highlighting key provisions and discrepancies. The document recorded the adoption of Jai Singh by Sunda Ram but lacked specific details or ceremonies related to the adoption process. The court considered the language used in the Deed, especially regarding the rights of the adopted son and inheritance, to determine the validity of the adoption claim. The respondent's argument, supported by Section 11(vi) of the Act, emphasized the necessity of proper give and take in adoption, further reinforcing the rebuttal of the presumption. Conclusion and Dismissal of Appeal: Based on the evidence, interpretation of statutory provisions, and analysis of the adoption documents, the court dismissed the appeal. The judgment affirmed the High Court's decision, stating that the presumption under Section 16 is rebuttable and that the available evidence justified the rejection of the adoption claim. The court found no grounds for interference, emphasizing the limited scope of review under Article 136 and the absence of perversity in the lower courts' orders.
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