DAYAL Vs. RODI

JUDGEMENT

(1.) THIS is an appeal against a judgment and decree of District Judge Dulat, dated 21-11-1940, dismissing an appeal' against a judgment and decree of the trial Court.

(2.) TN November 1928 Jangi adopted his daugh-ter's son Duni and on 23-6-1933, he made a Will in favour of Duni. On 18-8-1933, he died and the land was mutated in favour of the collaterals. On 23-4-1934, Dunt 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: 2. Whether Jangi deceased adopted the plaintiff and the plaintiff was his daughter's son?

(3.) IN case Issue No. 2 be decided in the affirmative, is the adoption valid, according to the custom?