GURDEV SINGH Vs. KEHAR SINGH

JUDGEMENT

(1.) The sole point for consideration in this appeal is whether in Tahsil Phillaur of District Jullundur, a customary adoption is formal so as to transplant the adopted son in the adoptive family, completely serving his connections in the family in which he was born or it would be merely an appointment for an heir reserving right to the adopted son to succeed collaterally in the family in which he was born.

(2.) Dhian Singh was the original owner of the property in dispute situate in Tahsil Phillaur, District Jullundur. He had two sons Beant Singh and Kehar Singh. Kehar Singh was adopted by Dasondha Singh vide adoption deed Exhibit D-1 dt. 8th Apr. 1929. In the year 1950. Dhian Singh died and on his death his son Beant Singh succeeded to his entire estate to the exclusion of Kehar Singh who had been adopted by Dasondha Singh. In the year 1961, Beant Singh also died without leaving a mother, widow or any child. On his death, Kehar Singh claimed to be his next heir as his brother whereas the collaterals of Beant Singh claimed to be nearer heirs on the plea that Kehar Singh stood transplanted by formal adoption in the family of Dasondha Singh and, therefore, was not entitled to collateral succession to the estate left by Beant Singh. The collaterals filed the present suit for a declaration against Kehar Singh and pleaded that they were owners in possession of the same as next heirs of Beant Singh and that Kehar Singh had been formally adopted by Dasondha Singh and, therefore, he lost all rights of inheritance in the family in which he was born. Kehar Singh admitted the adoption but pleaded that it was a customary appointment of an heir and under custom by which the parties were governed he had not been transplanted into the family of his adoptive father and had the right to succeed to Beant Singh as his brother. The trial Court decreed the suit on returning a finding that the adoption was formal. The learned Additional District Judge reversed the finding of the trial Court and held that it was an informal adoption under custom by which he retained the right to collateral succession in the family in which he was born. The appeal was allowed and the suit was dismissed. The aforesaid decision was affirmed by a learned single Judge of this Court. This is plaintiff's letters patent appeal.

(3.) After hearing the counsel for the parties, we are of the view that the decision of the learned single Judge is well based. The learned counsel for the plaintiff- appellants has urged that the adoption deed Exhibit D-1 as also the statement of Kehar Singh defendant go to show that ceremonies were performed at the time of adoption and once it is proved that some ceremonies are performed, it become a formal adoption like the one under the Hindu Law and, therefore, Kehar Singh stood completely transplanted in the adoptive family with the result that he had no right to succeed in the family in which he was born. A reading of the adoption deed as also the statement of Kehar Singh would show that ceremonies like collection of the brotherhood, declaring the factum of adoption in their presence, distribution of sweets and the writing of the adoption deed were performed and besides these no other ceremony was performed. These are the usual ceremonies which are performed in a case of customary adoption and are in consonance with the Riwaj-e-Am of the Jullundur district, including Phillaur Tahsil. In this regard, the relevant questions and answers contained in the Riwaj-e-Am of Jullundur district deserve to be noticed:--