MOHAMMAD SHAFFI Vs. TALLAI RAM

JUDGEMENT

(1.) The admitting Judge admitted this Regular Second Appeal to the Division Bench as according to him a single bench decision of this Court reported as Modan Singh v. Sham Kaur, 1972 Cur LJ 210, on which reliance has been placed by the Courts below, needed reconsideration. That is how this second appeal is before us.

(2.) The short question that falls for consideration is as to whether a purported deed of adoption failing as such deed could be given effect to as a will. Before proceeding to notice the rival contentions advanced at the bar, it would be necessary to know the contents of the document which when rendered in English, reads as under :-

(3.) Both the Courts below came to the conclusion that in view of Modan Singh's case (AIR 1973 Punj and Har 122) (supra), the document in question could not be given effect to as a will. The law on the point is enunciated by a Division Bench of Lahore High Court in Sant Singh v. Sadda, 1912 Punj Re 63 (Case No. 21) observing that as to whether a given document which purports to be a document of adoption when failing as such could be given effect to as a will would depend on what is stated therein and the attending circumstances. To the same effect is another bench judgment of the Lahore High Court in Shib Singh v. Suba Singh, AIR 1935 Lah 658. A Full Bench decision of this Court in Ranjit Singh v. Garja Singh, 1967 Clj (Punj and Har) 628 has put a seal of authority on the above view and the following observations of Mehar Singh, C. J. as he then was, can be noticed with advantage :