KISHORI LAL Vs. PANNU RAM

JUDGEMENT

(1.) THIS second appeal by Kishori Lal Defendant is directed against the decree of the District Judge, Patiala dated 4 -3 -06 affirming that of the trial Court decreeing the plain -tills' suit for declaration. Jiwa Ram, a Gaur Brahman, of village Hassanpur, Tehsil Rajpura, District Patiala, by a registered deed dated 5 -8 -1990 appointed Kishori Lal as his heir. In that document it was specified that the appointee would succeed to the estate of the appointer on the latter's death. On 4 -6 -2000 Punnu Ram and Ganga Ram residents of village Lochwan, collaterals of Jiwa Ram in the 5th degree, sued for a declaration that the appointment of Kishori Lal (loosely called adoption) would not affect their reversionary rights. Dhani Ram and Babu Ram who had been originally arrayed as 'pro forma' defendants were transposed to the Plaintiffs' side as they were also collaterals of Jiwa Ram and disputed the adoption of Kishori Lal.

(2.) FROM the facts and evidence described above the conclusions are irresistible that in villages Hassanpur and Lochwan customary law generally prevails, that the Gaur Brahmans of these villages settled there with the founders not in the capacity of priests but as owners by purchase, that in Hassanpur they are owners of 1/4th of the area and in Lochwan they own about three Halls of land, that in both the villages they have a proportionate share in the Shamlat, that they cultivate land themselves and their main occupation is agriculture, that they have been long associated with and are primarily dependent on agriculture, that they form a compact village community or at least an important compact section of the village community and that they are notified agriculturists in the Rajpura Tehsil. There is no evidence that they wear the sacred thread or regard widow re -marriage with disfavour. There is again no evidence that they are connected with non -agricultural Brahman families or that they follow non -agricultural vocations. The Kaifiat Dehi of village Lochwan shows that the Brahmans have been residing and owning land in that village for the last one thousand years.