Delhi District Court
Kala vs Uoi on 18 September, 2010
IN THE COURT OF SHRI VIMAL KUMAR YADAV: ADDL.
DISTRICT JUDGE04 (NORTH) DELHI
LAC No. 175/1/2007
Kala Versus UOI
ORDER
Social standards and norms relevant at a particular time together with the ground realties which existed and which can be reasonably perceived to have so existed regulate the conduct and outcome of the conduct and behaviour of the human beings in a society. This may be a kind of venturing in to the realm of surmises, but then, if reasonable grounds are there indicating towards the possible and probable conditions, then court are not precluded and can proceed on that premises, for the law can only be applied in conjunction with these and similar other factors and not by divorcing it from social, economic, political, religious, gender issues, education and similar such factors, which may not, apparently be playing any role but as undoubtedly a considerable influence in moulding individuals situations and its outcome.
The application under order 22 Rule 3 moved on behalf of the applicant Smt Om Kumari and other individuals claiming to be legal representatives of the estate of Smt Kala, deceased DH, is to be seen, perceived, appreciated and disposed of keeping various factors in mind as referred in the preceding para.
LAC 175/01/07 1
The indispensable facts for the disposal of the application moved on behalf of Smt Om Kumari and a host of other individuals under order 22 rule 3 CPC are that the land measuring 13 Bigha and four Biswa in the revenue estate of village Burari bearing Khasra No. 132/11/1 (208), 20(416) 121(416), 143/1(014) was acquired by the Land Acquisition Collector and compensation was awarded to the claimants/ Bhumidhar of the land in question. The land in issue belonged to one Shiv Narain who had only one son namely Parasram, who unfortunately died in the year 19621963 leaving behind his widow Smt Kala Devi. The couple had no issues and as Shiv Narain also expired in the year 1998 leaving behind Smt Kala Devi as his successor, being widow of his predeceased son, Smt Kala inherited the interest in the land in question. Incidentally, during the pendency of the Reference proceedings, which was made by the Land Acquisition Collector, before this court. The petitioner Smt. Kala too expired in the year 2006. The applicant herein, that is, Smt Om Kumari had moved an application before SDM, Civil Lines, claiming herself to be the daughter of Parasram and Smt Kala, for the mutation, which was referred to the Tehsildar, Civil Lines who dismissed the claim of Smt Om Kumari, the appeal filed thereafter is still stated to be pending.
Against the backdrop of above facts, Smt Om Kumari has moved the application in this reference proceedings claiming herself to be the legal heir of Smt Kala so that she may be brought on record.
Another application has been moved on behalf of the LAC 175/01/07 2 other persons who too claim themselves to be legal heirs of the deceased Smt. Kala Devi.
In the reply filed by the concerned parties, it is contended on behalf of Smt Om Kumari that it is she who is the only legal heir of Smt. Kala Devi whereas the other applicants have no concern with the estate of the deceased.
Evidence was led by the parties on the said application whereby applicant Smt Om Kumari has examined herself and four other witnesses, whereas the other claimants examined one Gyan Chand and thereafter parties closed their evidence on the applications under disposal.
I have considered the submissions made by the counsels for the parties and perused the record as well.
The claim of the applicant Smt. Om Kumari is based on the adoption deed, which has been placed on record according to which the applicant Om Kumari was given in adoption to Smt. Kala, widow of late Shri Paras Ram, Village Jagatpur, Delhi which is Ex.AW1/1. This fact has been sought to be further strengthened by the applicant through certain other documents i.e. ration card and nomination in her favour by Smt. Kala in respect of her Saving Bank account in Delhi State Cooperative Bank Ltd. Both the documents reflects that Om Kumari is the daughter of Smt. Kala giving strength to the claim made on behalf of the applicant.
The other set of applicants claiming themselves to be the LAC 175/01/07 3 legal heirs of late Smt.Kala Devi has come up with the contention that the adoption deed is not a genuine document as it has not been referred to in any proceedings anywhere before this proceedings and the same has been filed only about a year and a half back, besides one can nominate anybody qua his/her account and that does not establish any relationship. As regards the name of the applicant Om Kumari coming in the ration card it is contended that ration card is not a conclusive proof of relationship between the heirs of Smt. Kala Devi and the applicant Om Kumari in view of the fact that the document relied upon i.e. copy of the ration card itself clearly reflects that ration card is not to be used for any other purpose nor can be used except for supply of eatables. As regards the adoption deed, it is submitted that thumb impression of deceased Smt. Kala Devi is not there on the said document, thus, acceptance is not there and deed is not complete.
As regards the adoption deed, the evidence has come on record through the testimony of the applicant herself and two witnesses to the adoption deed i.e. Gajraj and Shri Sheo Raj, who both have supported the case of the applicant whole heartedly. The testimony could not be demolished in the cross examination conducted on behalf of the other proposed LRs. The documents and testimony is to be appreciated against the back drop of the fact that practically all the persons concerned are illiterate and had put their thumb impression on the adoption deed as well as statement made LAC 175/01/07 4 before the court. The adoption deed was executed in January, 1970 about 40 years ago. One can visualize the situation of 40 years back specially with reference to the status of women in the rural and conservative society of North India. The society is male dominated even today as the female infanticide/foeticide are still not uncommon. The male female ratio is highly adverse in this part of the country even today. In these circumstances, how much authority the widow might have exercised about 40 years back is nobody's guess. This explain the absence of the signatures of deceased Kala Devi on the adoption deed. However, this does not takes away the sanctity of the adoption deed for it is clear and categorical in conveying the meaning. The deceased Smt. Kala was the paternal Aunt (Bua) of Om Kumari. Thus, this in support the deed for where was the reason for Smt. Kala to have any grudge to the adoption of her own niece.
The witnesses to the adoption deed are all illiterate, but they have supported the factum of adoption and ceremony related to it. This removes the mist which has been tried to create around the adoption deed.
The applicant being the nominee of the deceased Kala Devi and her name being there in the ration card further lends her support substantially in view of the fact that the deceased Kala Devi was all alone and in such situation she had no reason to nominate anybody who was not really close to her. Then again, the name of the applicant being in the ration card also indicate this fact that the LAC 175/01/07 5 applicant is closely related to Smt. Kala Devi. The contention that ration card is not to be used for any other purpose is correct, but then it is a matter of common knowledge that some years ago the ration card used to be as valid document for the purpose of constitution of the family and address etc. The nomination form Ex.AW4/1 has also been brought on record which bears the thumb impression of late Smt. Kala Devi and she has clarified in the said nomination form on the record qua Om Kumari resident of Village Ghitorni being her daughter. This nomination was made in the year 2003. The ration card, copy of which has been placed on record as Ex.AW1/3 pertains to the year 2005. These all go to substantiate the fact that Om Kumari was adopted daughter of late Smt. Kala Devi and the adoption was by virtue of adoption deed Ex.AW1/1. When the applicant was given adoption she was only one and a half year old, therefore, she was not expected to know this fact as that seems to be the reason why she has not mentioned about the adoption deed in the earlier proceedings which seems plausible. It is very natural and human to look into the various source to substantiate by way of evidence when something as demanding as in the instant case occur which explains the production of adoption deed by the applicant at this stage. She has categorically stated that she was not aware of this fact and that is why she has not mentioned it and has been able to locate the documents about a year and half back and has placed on record.
In view of the aforesaid discussions, it is apparent that it is LAC 175/01/07 6 the applicant Om Kumari who is the legal heir of deceased Kala Devi whereas the other applicants have not been able to show as to what relation they have with the deceased, which may entitle them to claim the estate of Smt. Kala Devi. The testimony of Gyan Chand RW6 also failed to bring any relief to them. At the most, they may be related to Smt. Kala Devi from her husband's side and are not better placed or closely related as Smt. Om Kumari. As a result, the application moved on behalf of Om Kumari is allowed being maintainable and the application moved on behalf of the other applicant/ LRs is hereby declined being not maintainable.
Announced in open court (V.K. YADAV)
on 18.9.2010 Addl. Distt. JudgeIV (North)
Delhi
LAC 175/01/07 7
LAC No.175/01/07
18.9.2010
Present : None.
Vide separate order dictated and announced, the application moved on behalf of Om Kumari is allowed being maintainable and the application moved on behalf of the other applicant/ LRs is hereby declined being not maintainable.
(V.K. YADAV) ADJ(NORTH) - 04/ DELHI 18.09.2010 LAC 175/01/07 8 LAC 175/01/07 9