HARNAM SINGH Vs. DHARAM SINGH

JUDGEMENT

(1.) This is a. second appeal from the decree of the learned District Judge of Hoshiarpur affirming on appeal the decision of a Subordinate Judge dismissing the plaintiff's suit for possession of one-third share in 297 kanals and 4 marlas of land and two houses situate in the village Dholbaha in Hoshiarpur Tehsil.

(2.) One Paira Singh, a Dadwal Rajput of the village Dholbaha, owned 297 kanals and 4 marlaa of land and two houses situate in the aforesaid village. He died in the year 1942. On his death, a mutation in respect of the land left by him was sanctioned in the name of his nephew Dharam Singh, the son of his deceased brother Devi Singh, as his adopted son.

(3.) On 27 August 1943 Harnam Singh, another brother of the deceased Piara Singh, brought a suit for possession of one third share in the property left by him, alleging that Dharam Singh-who was impleaded as defendant 1 had never been adopted by the deceased, that the custom of adoption was not recognised in the tribe to which the parties belonged, and that the suit property being anctstral the adoption which was opposed to the custom applicable to the parties could not affect the plaintiff's right to succeed to a one-third share in the property left by the deceased. Defendants 2 to 5 were other sons of Devi Singh while defendant 6 was the widow of Mayya Ram, a third brother of Piara Singh. The suit was dismissed by the learned trial Judge on the ground that it was barred by limitation, that Dharam Singh had in fact been adopted by the deceased and that the adoption was valid according to the custom governing the parties. The learned District Judge on an appeal by the plaintiff upheld the decision of the learned trial Judge and affirmed the above-noted findings. The plaintiff feeling aggrieved from the decree of the learned District Judge has come up in second appeal to this Court.