MANOHAR LAL Vs. BANARSI DAS

JUDGEMENT

(1.) This appeal arises out of a suit for partition of the property of a joint Hindu family, the plaintiff claiming to be entitled upon partition to one-third of the property. One-fifth only was awarded to him and hence the appeal. The following genealogical tree will show the relationship of the parties:

(2.) The main question in dispute is whether or not Mul Chand, the son of the defendant Banarsi Das, was validly adopted by his aunt Musammat Kishan Dei, the widow of Ganeshi Lal. Mul Chand at the time of his alleged adoption was a married man of the age of about 23 years. Manohar Lal disputes the fact of this adoption and also the validity of it.

(3.) When the appeal first came before this Court we found it necessary to remand an issue to the lower Court in regard to the validity of the adoption. A plea of adoption according to the law and custom prevailing among the Jain sect was set up by Mul Chanel, but no issue was framed upon this plea. The only issue struck as to the alleged adoption was this, namely: "Was Mul Chand adopted by Ganeshi Lal's widow for Ganeshi Lal and that in conformity with the desire of Ganeshi Lal?" We, therefore, referred the following issue for trial, namely: "Is the adoption of a married man valid under the law and custom prevailing amongst the Jain community?" It is admitted that at the time of his adoption Mul Chand was a married man of the age of about 23 years and had a daughter. The learned Subordinate Judge had decided the issue in the negative, holding that the alleged custom whereby a married man can be adopted amongst the Jains was not established. The validity of such an adoption is the main question for determination in this appeal; but there are a number of other matters which have been raised in the grounds of appeal and also in the objections filed by the respondents under Section 561 of the Civil P. C. which will require our attention.