INDER SINGH Vs. GURDIAL SINGH

JUDGEMENT

(1.) This is an appeal on a certificate granted by the High Court of Punjab on March 7, 1955. The only question which falls for decision is whether Inder Singh, plaintiff in the Court of first instance and appellant herein, was validly adopted by one Nathu in accordance with the rules of customary adoption prevalent amongst Jats of the Ludhiana district in the State of Punjab.

(2.) The relevant facts are these. Nathu, the last male holder of the property in dispute, was a Jat of Ludhiana district. He was blind, not married and had no issue. He was a resident of village Mohanpur. Inder Singh, a resident of the same village, was his nephew by collateral relation of the fifth degree. Inder Singh's case was that he looked after Nathu since his childhood and on March 24, 1946. Nathu adopted him, according to the custom prevalent amongst them, before the village Panchayat by distributing "gur" (jaggery) and on the next day, that is, March 25, 1946, Nathu executed a deed of adoption in his favour and got it registered on the same day. For a short period thereafter Nathu lived with Inder Singh. Then Gujar Singh, defendant in the suit. who was a nearer collateral of Nathu, gained influence over the latter. Nathu left Inder Singh and on September 6, 1946, cancelled the deed of gift. Nathu died three years after, that is, on October 27, 1949. On Nathu's death Gujar Singh got the property of Nathu mutated in his name in the revenue records. Inder Singh then brought the suit out of which this appeal has arisen for possession of the property of Nathu Singh, which consisted of about 16 bighas odd of land and a house, on the footing that he was the adopted son of Nathu. The suit was contested by Gujar Singh who alleged inter alia that Inder Singh was not validly adopted by Nathu in accordance with the custom prevalent amongst the Jats of Ludhiana.

(3.) The trial Judge held that the story of the alleged adoption before the village Panchayat was not substantiated and the recitals in the deed of adoption were incorrect. He further found that according to the customary rules of adoption the deed of adoption could not have any effect unless after its execution there was a continuous course of conduct showing that Nathu treated Inder Singh as his son and inasmuch as there was no evidence to show such association, Inder Singh had failed to make out his case. The suit was accordingly, dismissed. Inder Singh then preferred an appeal which was heard by the District Judge of Ludhiana. On a consideration of the evidence the learned District Judge came to the conclusion that it established that Nathu did declare Inder Singh as his heir before the village Panchayat on or about March 24, 1946, and that Nathu dived with Inder Singh for a very short period thereafter. This, in the opinion of the learned District Judge, was sufficient to establish a valid adoption according to the customary rules and no further evidence of association as father and son between the two was necessary. In this view of the matter, the learned District Judge held that the cancellation of the deed of adoption by Nathu on September 6, 1946, was of no effect, because all adoption once validly made could not be revoked. Accordingly, he allowed the appeal.