There is no doubt that the burden of proving satisfactorily that he was given by his natural father and received by Gopal Das as his adoptive son is on Shyam Behari Lal. But as observed by the Judicial Committee' o.f the Privy Council in Rajendrao Nath Holder v. Jogendro Nath Benerjee and ors. (1); that although the person who pleads that he had been adopted is bo1.Ind . 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 f~ct 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 defe,nd his status, is allowed to invoke against the chimant every presumption which arises from Jong 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. Gc1;a/ Devi and ors.('), the Judicial Committee observed, that in the absence of direct evidence much ;alue has to be attached to the fact that the alleged adopted son had without controversy succeeded to his adoptive father's estate and enjoyed till his death and that documents during his life and after his death were framed upon the basis of the adoption. A Division lBench of the Orissa High Court in Ba/inki Padhano and anr. v. Govalkrisl111a Padhano and ors('); held that in the case of an ancient 3doption evidence showing that the boy was ti ~atcd far a long time as the adopted son at a time when there was no controversy is sufficient to prove the adoption although evidence of actual giving and taking is not forthcoming. We are in agreement with the views expressed in the decisions referred to above.
