DAYAL Vs. RODI

JUDGEMENT

(1.) This is an appeal against a judgment and decree of District Judge Dulat dated the 21st November, 1946, dismissing an appeal dismissing an appeal against a judgment and decree of the trial Court.

(2.) In November, 1928 Jangi adopted his daughter's son Duni and on the 23rd June, 1993, he made a Will in favour of Duni. On the 18th August, 1983, he died and the land was mutated in favour of the collaterals. On the 23rd April, 1934, Duni brought a suit for a declaration alleging that he was the adopted son and also that there was a Will in his favour. The defence was that there was no adoption in fact nor could Duni be adopted and that the property was ancestral. The trial Court framed issues of which the relevant ones are -

(3.) The Court held in favour of the factum of adoption and also that the adoption was valid, that there was a Will in faovur of Duni, that the land was non-ancestral, and towards the end of the judgment of the Court said "even if the property in suit be held to be ancestral the Will in favour of an adopted son in valid." An appeal was taken to the Senior Subordinate Judge and ground No. 5 of the appeal was that the land in dispute was ancestral. The Senior Subordinate Judge upheld the findings of the trial Court. On the 23rd August, 1943, Duni died leaving his real mother Rodi as his heir.