ARJAN SINGH Vs. NARAIN SINGH

JUDGEMENT

(1.) These appeals arise out of two suits relating to certain agricultural lands situate in village Umri Ana, tehsil Zira, District Ferozepore in the Punjab. The dispute relates to the right to inherit the estate of one Harnan Singh who was the last male holder. The disputing parties are descended from Sahib Singh as disclosed by the following genealogy: {Please Ptegiri table this place} Harnam Singh grandson of Kahan Singh died leaving him surviving two daughters Mst Tejo and Mst Gejo and no male lineal descendant. The property of Harnam Singh devolved upon his two daughters in equal shares. On the death of Mst Tejo without issue the entire estate was entered in the name of Mst Gejo by the Revenue Authorities. Mst Gejo also died in 1942 without leaving any issue surviving her. By order dated September 6, 1945 the Assistant Collector directed that the entire estate be entered in the name of Narain Singh son of Dasaundha Singh and Bakhshish Singh, Ajaib Singh and Makhtar Singh sons of Ramji Singh - who will hereinafter be referred to collectively as the plaintiffs. In appeal to the Collector of Ferozepore the order of the Assistant Collector was set aside and the estate was directed to be entered in the names of Tehl Singh and Arjan Singh sons of Mangal Singh - who will hereinafter be referred to collectively as the 'defendants". TheCommissioner of the Division confirmed the order of the Collector.

(2.) The plaintiffs who are the descendants of Ghuda Singh then instituted Suit No. 9/1947 in the Court of the Subordinate Judge, Zira for a decree for possession of the estate of Harnam Singh, barring a small area of 8 Kanals and 11 Marlas - Khasra No. 325 - which was in their possession. The defendants who are the descendants of Wazir Singh in their turn commenced an action (Suit No. 13/1947) for possession of Khasra No. 325 against the plaintiffs. Each side claimed title to the estate of Harnam Singh according to the customary law applicable to the Jats residing in tehsil Zira, District Ferozepore. It was the case of the plaintiffs that notwithstanding the adoption of Ghuda Singh by his maternal uncle Bhan Singh, Ghuda Singh's descendants were not excluded from inheritance to the estate of a member in the natural family of Ghuda Singh. It was submitted by the plaintiffs that the family of the plaintiffs and Harnan Singh was governed by Zamindara Riwaj-i-am (general custom obtaining amongst the Zamindars) by virtue of which a son adopted in another family and his descendants do not lose their right to inherit in their natural family, because by the adoption according to the custom of the community the adopted son does not completely sever his connections with his natural family. The defendants on the other hand claimed that in the district of Ferozepore every adoption in a Hindu family is 'formal" and according to the Riwaj-i-am of the district an adopted son is excluded from the right to inherit in his natural family. Consequently Ghuda Singh who was adopted by Bhan Singh could not inherit the estate of Hamir Singh, his adoption operating as a complete severance from the natural family. The sole dispute between the parties was therefore as to the customary law applicable to the rights of a son adopted in a Jat family residing in tehsil Zira District Ferozepore.

(3.) The two suits were consolidated for trial. The Subordinate Judge held that all ceremonies relating to adoption were performed and Ghuda Singh ceased to be a member of the family of his natural father according to the custom prevailing in the District, and the plaintiffs who were the descendants of Ghuda Singh could not inherit the estate of Hamir Singh. In so holding he relied upon the manual of Riwaj-i-am of Ferozepore District prepared in 1914, which, in his view, recorded that when any adoption in the District takes effect the adopted son stands transplanted to the family of the adopter'. In appeal the District Court Ferozepore held that in the case of Jats of Ferozepore District by special custom prevailing in the District, the adopted son had the right to inherit collaterally in his natural father's family. In second appeal the High Court of Punjab set aside the decree passed by the District Court. In the view of the High Court the record disclosed no evidence that the adoption of Ghuda Singh made by his maternal uncle Bhan Singh was formal and in the absence of any such evidence it must be presumed that the adoption was a customary appointment of an heir and not a formal adoption under the Hindu law, and that there was over-whelming authority in favour of the proposition that by reason of a customary adoption the adopted son and his descendants were not excluded from the right to inherit to collaterals in the natural family. The High Court accordingly held that the plaintiffs as grandsons in the male line of Ghuda Singh were entitled to inherit the estate of Hamir Singh. With certificate of fitness granted by the High Court, these two appeals are preferred by the defendants.