TEJU BUTA Vs. KESAR SINGH

JUDGEMENT

(1.) The only point for decision in this appeal is whether the adopted son succeeds collaterally in his adoptive family.

(2.) The facts briefly are that Jowala Singh adopted his collateral Hakam Singh while the latter was an infant of about 12 days. The dispute now relates to the property of Jowala Singh, son of Jaimal whose pedigree-table is given below : DHARMUN _________________________________|_________________________ | | | Jita Lakha Massa (Deft. No. 5) ________|________ _________|_________ | | | | Jowahar Wisakhi Jaimal Achhru Singh | | | | Jowala Singh Jowala Singh Ghasita | | (Died 15-9-1945) | Hakam Singh | (Adopted Son) | |________________________________ | | | | | Kesar Singh Diwan Singh Gian Singh | Plff. Plaff. Plaff. ______________|__________________________________________________ | | | | | Nihala Khushala Walla Malla Jhandu ____________________________________________| _______|_______ | | | | | Inder Hakam Wadhawa Singh Mula Singh Santa Singh Singh ______________________________________| | | | Ghulla Singh Suba Singh Gurdit Singh

(3.) The dispute is between the plaintiffs who are sons of Hakam Singh, the adopted son, and the defendants who represent the line of Jowahar Singh. The descendants of Jita are also parties to the litigation but they do not oppose the plaintiffs' claim. On the death of Jowala Singh son of Jaimal the plaintiffs claimed that they were entitled to one-fourth as they were entitled to succeed collaterally through their father Hakam Singh. This claim was resisted by the defendants who pleaded that an adopted son does not succeed collaterally in his adoptive family and that therefore neither Hakam Singh nor his sons are entitled to claim any share in the property of Jowala Singh son of Jaimal. It follows that the plaintiffs can claim 1/24th share as the grandsons of Malla who represents Lakha's line. In other words Hakam Singh could succeed collaterally in his natural family but not in his adoptive family.