1970 (3) TMI 181 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the adoption of Shyam Behari Lal by Gopal Das.
2. Proof of custom of adoption on the day of birth.
3. Evidence supporting the adoption.
4. Delay in filing the suit by Debi Prasad.

Issue-wise Detailed Analysis:

1. Validity of the Adoption of Shyam Behari Lal by Gopal Das:

The principal question in this case was whether the adoption of Shyam Behari Lal by Gopal Das was true and valid. The High Court concluded that Shyam Behari Lal had been validly adopted by Gopal Das, and the Supreme Court upheld this conclusion. The court noted that although Shyam Behari Lal could not establish the custom of adoption on the day of birth, there was considerable documentary evidence showing that Gopal Das treated him as his son for over a quarter of a century. The court emphasized that in cases of ancient adoption, the absence of direct evidence is common, and long recognition as an adopted son by family and community members raises a strong presumption in favor of the validity of the adoption.

2. Proof of Custom of Adoption on the Day of Birth:

Shyam Behari Lal pleaded that in the community of Gopal Das, there was a custom of taking a child in adoption on the very day of its birth. However, he failed to establish this custom. The court noted that no satisfactory evidence was provided to support the existence of such a custom. Despite this, the court found that the consistent and continuous treatment of Shyam Behari Lal as the son of Gopal Das by Gopal Das himself and other family members was sufficient to prove the adoption.

3. Evidence Supporting the Adoption:

The court analyzed various pieces of documentary evidence to support the adoption claim. Key evidence included:
- An application for school admission in 1907, signed by Gopal Das, stating that Shyam Behari Lal was his son.
- Deposition of Gopal Das in a 1917 lawsuit, where he admitted that Shyam Behari Lal was his son.
- Income tax assessment orders from 1921-1936, where Shyam Behari Lal's professional income was included in the income of the Hindu Undivided Family (H.U.F.) headed by Gopal Das.
- Admissions made by Debi Prasad in various legal documents and depositions, acknowledging Shyam Behari Lal as the son of Gopal Das and the proprietor of the family business after Gopal Das's death.

The court concluded that the consistent and continuous treatment of Shyam Behari Lal as the son of Gopal Das by family members and in official documents provided satisfactory proof of the adoption.

4. Delay in Filing the Suit by Debi Prasad:

The court noted that the suit was filed in 1946, nearly 12 years after the death of Gopal Das and his wife in 1934. Debi Prasad failed to provide a satisfactory explanation for this inordinate delay. The court observed that this delay suggested that the suit might be speculative. The court emphasized that the long period during which Shyam Behari Lal was recognized as the adopted son by family members and in official documents raised a strong presumption in favor of the validity of the adoption.

Conclusion:

The Supreme Court upheld the High Court's conclusion that Shyam Behari Lal was the adopted son of Gopal Das and that the adoption was valid. The appeal was dismissed with costs, and the court found no merit in the other contentions raised by the appellants.