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Issues: Whether the agricultural income from lands settled by the petitioner on his daughter, who had been given in adoption to the petitioner's sister, could be included in the petitioner's total agricultural income for assessment purposes.
Analysis: The validity of the adoption was not disputed. On adoption, the child is deemed to be the child of the adoptive parents for all purposes from the date of adoption, and the ties with the family of birth stand severed. Once the daughter ceased to be treated in law as the petitioner's child, there was no basis to assess the income from the settled lands in the hands of the petitioner as though it were income from the property of his minor child.
Conclusion: The inclusion of the agricultural income from the settled lands in the petitioner's total agricultural income was not sustainable in law and the challenge succeeded.