SEWA SINGH Vs. JANGIR SINGH

JUDGEMENT

(1.) The facts giving rise to this appeal lie within a narrow compass, and can be shortly stated. One Bishan Singh, a Sikh Jat belonging to the Dhande tribe, was the owner of the land in dispute which is situated in Patti-Gainda of village Naraingarh in the State of PEPSU. On 8-4-1935 he adopted Jangir Singh, the plaintiff in the suit, by means of a registered deed and declared therein that Jangir Singh would inherit to all his movable and immovable properties after his death. Bishan Singh died sometime in April 1944. The mutation of the land, after his death, was entered in the name of Jangir Singh but possession of it was taken by the defendants who are direct descendants of Gainda and are collaterals of Bishan Singh in the fifth degree. In this situation Jangir singh filed the present suit for possession alleging that he being the adopted son of Bishan Singh was entitled to succeed to the property. The defendants denied the factum and validity of his adoption, and further pleaded that the land in suit was ancestral property of Bishan Singh and under custom he had no right to dispose it of.

(2.) On the pleadings of the parties the trial Judge framed four material issues:

(3.) The decision of the trial Judge was affirmed in appeal by the District Judge who also took the view that a stranger to the family of the adopter could not be adopted under custom by which the parties were governed. On the ancestral nature of the property the learned District Judge observed as follows: