HEM SINGH Vs. HARNAM SINGH

JUDGEMENT

(1.) This is an appeal by special leave granted by the Privy Council against the judgment and decree dated July 12, 1944, of a Division Bench of the High Court at Lahore passed in second appeal confirming the dismissal of the appellants' suit concurrently by the trial court and the court of the District Judge, Gurdaspur.

(2.) The two appellants are admittedly the first cousins of the respondents Harnam Singh and belong to village Gillanwali, Tahsil Batala, District Gurdaspur. Gurmej Singh respondent 2 is a collateral of Harnam Singh in the 8th degree. The appellants sued for a declaration that the deed of adoption executed by Harnam Singh on July 30, 1940, adopting Garmej Singh was invalid and could not affect the reversionary rights of the appellants after the death of Harnam Singh .The appellant's case was that under the Customary Law of Gurdaspur District applicable to the Gill Jats of village Gillanwali, Harnam Singh could only adopt a 'near collateral" and Gurmej Singh being a distant collateral his adoption was invalid.

(3.) The first question regarding the factum of adoption need not detain us long. The deed of adoption exhibit (D1) recites that Harnam Singh had no male issue who could perform his 'kirya karam' ceremony after his death, that Gurmej Singh had been brought up while he was an infant by his wife and that he had adopted him according to the prevailing custom. The recital continues that since the adoption he had been treating and calling Gurmej Singh as his adopted son.