AMI KAUR Vs. BANSI

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by Bansi and others against Mst. Ami Kaur and others for a declaration that the adoption of Dalip was void and was not binding on the plaintiffs. The Suit was brought in the court of the Munsif, Bahror, on the 24th of April, 1948 The plaintiffs, Bansi and others, and the defendants, Jaswant, Balbir, Nandlal and Sriram are collaterals of one Ratiram, who died, leaving behind him a son named Nauchand and his widow Ami Kaur. Nauchand also died after the death of his father leaving behind him his widow Mst. Har Bal alias Sarwan and his mother Ami Kaur, Ami Kaur adopted Dalip on the 28th of February, 1948, which has given rise to the present suit.

(2.) THE case of the plaintiffs is that adoption of Dalip or Ami Kaur was invalid and not binding on them because : (1) Ami Kaur had no right to adopt while Mst. Har Bai alias Sarwan, the widow of her son, was still alive, (2) no ceremony of adoption had been performed in accordance with the custody of the family, and (3) the adoption of Dalip was in conflict with the custom recorded in the wajib-ul-arz, according to which a boy could not be adopted in preference to one nearer in degree.