VED PAL SINGH Vs. BHALLA RAM AND OTHERS

JUDGEMENT

(1.) THIS is a defendant's second appeal against the decision of the learned Additional District Judge, Karnal, reversing on appeal the order of the trial Court dismissing the plaintiff's suit,

(2.) ON 8th August, 1960, Niadar is alleged to have adopted one Ved Pal Singh son of Bishan Singh. The deed of adoption was written the next day, i. e. 9th August, 1960, and the same was registered on 16th December, 1960. Thereafter, Niadar, on 27th April, 1964, executed a registered will in favour of Ved Pal Singh and his uncle Kidar Singh bequeathing the property in dispute to them. In July 1964, Bhalla Ram and Hari Singh brought a suit against Niadar. Ved Pal Singh and Kidar Singh challenging the adoption as well as the will on the grounds that they were the collaterals of Niadar and entitled to succeed to the property in dispute, which was ancestral qua them and Niadar. It was said that Niadar could not adopt Ved Pal Singh and he could not also make a will regarding the property in favour of Ved Pal Singh and Kidar Singh, the same being ancestral. It was averred that the parties were governed by custom.

(3.) THE trial Court dismissed the suit, holding that the land was ancestral, the will had not been proved, the parties were governed by custom, but the adoption was valid in law.