1982 (11) TMI 176 - SC - Indian Laws

Summary

Issues Involved:

1. Validity of the appellant's adoption by Jagannathdas and Premwati.
2. Validity of the trust created by Jagannathdas.
3. Entitlement of the appellant to the estate.
4. Partition and separate possession of the properties.
5. Rendition of accounts by the trustees.
6. Whether the suit was barred by limitation.

Detailed Analysis:

1. Validity of the appellant's adoption by Jagannathdas and Premwati:

The trial court found that the appellant was adopted by Jagannathdas and Premwati on September 24, 1951, and the adoption was valid. The High Court reversed this finding, questioning the credibility of the witnesses and the evidence provided. The Supreme Court emphasized the principle that appellate courts should defer to trial courts on issues of witness credibility unless there is clear evidence of error. The trial court had carefully analyzed the testimony and circumstances, concluding that the adoption was motivated by the couple's desire for an heir due to Premwati's illness and childlessness. The Supreme Court found that the High Court had erred in dismissing the trial court's findings, noting that the High Court had improperly discredited witnesses based on their relationships and had failed to consider the trial court's advantage in observing witness demeanor.

2. Validity of the trust created by Jagannathdas:

The trial court declared the trust void, finding that the trustees were trespassers and liable to render accounts. This was based on the conclusion that the appellant was the adopted son and entitled to the estate. The High Court's reversal of this finding was based on its decision that the adoption was not proven. The Supreme Court, reinstating the trial court's findings on adoption, implicitly upheld the trial court's decision on the invalidity of the trust.

3. Entitlement of the appellant to the estate:

The trial court decreed that the appellant was entitled to a share of the estate, which was contested by the respondents. The Supreme Court agreed with the trial court, rejecting the High Court's contrary finding. The appellant's entitlement was based on his status as the adopted son, which the Supreme Court affirmed.

4. Partition and separate possession of the properties:

The trial court had ordered partition and separate possession of the properties, which the High Court overturned. The Supreme Court restored the trial court's decree, affirming the appellant's right to partition based on his status as the adopted son.

5. Rendition of accounts by the trustees:

The trial court had found the trustees liable to render accounts to the appellant, a finding reversed by the High Court. The Supreme Court, by reinstating the trial court's findings on adoption and the invalidity of the trust, implicitly upheld the requirement for the trustees to render accounts.

6. Whether the suit was barred by limitation:

Both the trial court and the High Court found that the suit was not barred by limitation. The Supreme Court concurred with this finding, noting that no serious argument had been raised against it.

Conclusion:

The Supreme Court allowed the appeal, setting aside the High Court's judgment and decree, and restoring the trial court's judgment and decree. The appellant was declared the adopted son of Jagannathdas and Premwati, entitled to a share of the estate, and the trust was declared void. The trustees were ordered to render accounts, and the suit was not barred by limitation. The appellant was awarded costs from the second and ninth respondents.