BHAGWATI CHARAN Vs. SUNDER LAL

JUDGEMENT

(1.) This is an application in revision by the minor deft. Bhagwati Charan against the judgment & decree of the learned District Judge of Sirmur dated 11-5-1950, dismissing his appeal against the judgment & decree of the Senior Subordinate Judge of Nahan dated 31-12 1949, whereby the suit of the plff.-respondent Sunder Lal for possession of a half share in the house & landed property left by his brother Shadi Earn was decreed, Joti Praaad, deft.-respondent, is another brother of the plff. & the applicant Bhagwati Charan is Joti Prasad's grandson.

(2.) Shadi Ram died issueless on 16 Asoj, 2004. About seven years before that be bad executed a deed of adoption on 25 sawan 1997, purporting to have adopted his brother Joti Prasad'a grandson, the present applicant Bbagwati Cbaran. The parties are Saraswat Brahmins of Nahan.

(3.) The present suit was filed about a year after the death of Sbadi Bam on the allegation that the two surviving brothers of the deceased, the plff. Sunder Lal & the deft. Joti Prasad, were entitled to the property left by the deceased as his nearest reversioners in equal shares, & that the applicant Bbagwati Charan had no right, title or interest in that property because he was in fact not adopted by Shadi Ram & the adoption was invalid according to the custom prevalent amongat the Saraswat Brahmins of Nahan. The alleged custom is contained in paras. 54 & 55 of the Riwaj-i-am for tehsil Nahan. According to these entries adoption amongst the Saraswat Brahmins of tahsil Naban is subject to two inhibitions : (i) a widower cannot adopt, & (ii) no adoption is valid whilst collaterals upto the seventh degree are in existence.