CHANAN SINGH Vs. MAGHAR SINGH

JUDGEMENT

(1.) This appeal raises the question whether a Gill Jat of the Moga Tehsil who is taken in adoption is entitled to succeed to the property of his natural father.

(2.) The following pedigree-table shows the relationship between the parties.

(3.) Suchet Singh son of Dhian Singh was taken in adoption by Kandhara Singh, brother of Charat Singh, common ancestor of plaintiffs and the defendants. Sham Kaur widow of Jhaggar Singh, brother of Suchet Singh, died in or about the year 1948, and the land belonging to her deceased husband was mutated in the names of defendant Nos. 1 to 4, who are sons of Suchet Singh. The plaintiffs who are descended of Man Singh, Kahan Singh and Punjab Singh sons of Charat Singh thereupon brought a suit for a declaration that they were entitled to succeed to the property left by Jhaggar Singh in preference to the defendants who had lost all their rights in the family of Dhian Singh. The trial Court decreed their claim and the decree of the trial Court was upheld by the Additional District Judge in appeal. The descendants of Suchet Singh, defendant Nos. 1 to 4, are dissatisfied with the orders of the Courts below and have come to this Court, in second appeal.