MADAN SINGH Vs. SHAM KAUR

JUDGEMENT

(1.) THIS is a second appeal by Modan Singh defendant No. 1 and the facts leading to it are these. His father's first cousin Sher Singh executed on the 14th of september, 1961, a deed of adoption (Exhibit D. 1) the relevant portion of which runs thus:

(2.) RELIANCE has first been placed by learned counsel for the appellant on Section 16 of the Hindu Adoptions and Maintenance Act, 1956, which states:

(3.) I also find myself in agreement with the Courts below in holding that the above quoted portion of deed Exhibit D. 1 cannot be construed to operate as a will executed by Sher Singh in favour Modan Singh defendant No. 1. The words "he would perform all religious rites and after my death would be owner of my property of every kind from generation to generation and none will have an objection to this" occurring in the deed and sought to be construed as a testament state merely the fact of the adoption and nothing else. They do not intend to lay down that Sher Singh bequeaths his property to Modan Singh defendant No. 1 but only that because Modan Singh defendant No. 1 had been adopted as his son, he would inherit the property of Sher Singh just as a son inherits the property of his father. No intention to make a will can, on a fair reading of the deed, be gathered from its contents. In similar circumstances the same view was taken in Fanindra deb Raikat v. Rajeswar Das, (1885) ILR 11 Cal 463 (PC) and Ranjit Singh v. Garja singh, 1967 Cur LJ 628= (AIR 1968 Punj 37 (FB) ).