JANGIR SINGH Vs. RULIA AND ORS.

JUDGEMENT

(1.) R .F. As. Nos. 24 and 25 of 1950 arise out of the same suit and they will be disposed of by one order.

(2.) THE suit property which consists of agricultural land and a house belonged originally to one Hardit Singh. . On Hardit Singh's death the property devolved upon his widow Mst. Harnam Kaur, who mortgaged some of the land in favour of different persons at different times. On 27 -9 -2003 Mst. Harnam Kaur adopted Jangir Singh as son to her late husband and executed and got registered a regular deed of adoption in his favour. Harnam Kaur died only a few days after the last incident, i.e. on 4 -10 -2003. On 11 -1 -2004 the Plaintiffs who claimed to be the collaterals of Hardit Singh brought a suit for possession of the land as well as the house, against Jangir Singh and the mortgagees. As regards Jangir Singh their allegation was that he was never adopted by Mst. Harnam Kaur and that the transaction evidenced, by the deed of adoption was fictitious. It was mentioned in the deed of adoption that Hardit Singh had authorised Harnam Kaur to adopt a son to him. The Plaintiffs denied this fact and urged that even if Harnam Kaur had in fact adopted Jangir Singh, the adoption was opposed to the custom by which they were governed and consequently did not affect their reversionary, interest.

(3.) WAS Jangir Singh Defendant No. X adopted by Mst. Harnam Kaur deceased' and if so, was the adoption valid according to law and custom?