CHIMAN LAL Vs. HARI CHAND

JUDGEMENT

(1.) The suit in which this appeal has arisen was brought on the 19th January 1901m the Court of the District Judge of Ferozepore by Hari Chand, who is the respondent here, against Jiwan Mai, now dead, who is represented by Chiman Lal the appellant. In this suit Hari Chand sought a declaration that he was the adopted son of Jiwan Mai the then defendant. In his written statement Jiwan Mai alleged that he had never adopted Hari Chand.

(2.) Hari Chand and Jiwan Mai were Hindus, and Agarwal Banias, of Zira, in the Punjab. Hari Chand was one of the four sons of Ghannu Mai, who was a brother of Jiwan Mai. Chiman Lal, the appellant here, was a son of Maya Mai, who was another brother of Jiwan Mai. At the time of the alleged adoption Hari Lal was an orphan and was married. No issue was framed by the District Judge as to whether the parties were governed by Hindu law or by custom, or as to the validity of the adoption if it, in fact, were made. The District Judge held that in the Punjab - non-Agricultural Hindus do not, in matters of adoption, follow Hindu law, and there seems no reason to doubt that a declaration of adoption, together with treatment in accordance with the avowed intention, would be sufficient to establish the validity of an adoption, even though the position of the adopted son were inconsistent with the strict requirements of Hindu law.

(3.) The District Judge found that Jiwan Mai had, in fact, adopted Hari Chand, and on the 23rd March 1903, gave the plaintiff a decree.