LexARJAN SINGH AND ORS. versus NARAIN SINGH & ORS.
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- • 2, S.Q.R. SUPREME COUilt.REPORTS ARJAN SINGH AND ORS. v. NARAIN SINGH & ORS. (P. B. GAJENDRAGADKA.R, K. N. W.+.NCIIOO, M. Hm.+.YATULLAH, K. C. DAS GUPTA and J. C. SHAil, JJ.) i9 Customary Law-Jats of 7.'th&il Zira of Ferozepore District-Adoption-Formal adoption in Hindu Law and cus- tomary appointment of an htir-Differtne<·-Effect of appaint- ment of heir on connection with natural family. Harnam Singh died leaving behind two daughters. They also died without leaving any issue surviving them. The Revenue authorities ordered that the entire estate of Harnam Singh be entered in the revenue records in the names of the defendants. · The plaintiffs filed a suit for possession of the estate of Harnam Singh. Their contention was that notwithstanding the adoption of Ghuda _Singh, their predecessor, by his mater- nal uncle, they as descendants of Ghuda Singh were not exclud- ed fro1n inheritance to the estate of a memLer in the natural family of Ghuda Singh: It was also contended that the family of the plaintiffs and Harnam Singh was governed by Zamin- dara I~i1uaj-i-am by v!rtue of which a son adopted in another family and his decendants did not lose their right to inherit in the natural family Lccausc by the adoption according to the custom of the community, the adopted son did not completely se~er his connection with his natural family. The contention of defendants-appellants was that in the District of Ferozepore, every adoption in a Hindu family was formal and according to the Riwaj·i·am of the District, an adopted son was excluded from the right to inherit irr his natural family. Consequently, Ghuda Singh, who was adopted by Bhan Singh, could not inherit the estate because his adop- tion operated as complete severance from the natural family. The suit was dismissed by the Subordinate Judge and his order was confirmed by the District Judge. However, the High Court set aside the order of the District Judge and held that the record disclosed no evidence that the adoption of Ghmla Singh was formal and hence it must be presumed that the adoption was a customary appointment of an heir an<l not a formal adoption under the Hindu Law. It was also held that .there was overwhelming authority in favour of the proposi· . ion that by reason of a customary adoption, the adopted z9r;3 Febru«ry "12. _ 1983 .drja Singh v. Noroin Singh SMh J. 20 SUPREME COURT REPOR.ts [1!!64] \Tot. son and his deoccndauts were not excludod from the right to inherit to collaterals in the natural family. The plaintiffs as grandsons in the 111alc line of Ghuda Singh \Vere entitled to inherit the e.1tatc. The appellants came lO this Court by a certificate of lirness granted uy High Court. Held, that the view of the High Court was correct. A person adopted according to the customs of the community, i.e. who is appointee! as a heir to inherit the property of a person oui.ide the family, docs not, by virtue of such appointment, lose his right to inherit in his natural family except the right to inherit the property of his natural father when there are natural brothers. The natural brothers would take the pro- perty to the exclusion of such an adopted son and his decen- dants. Daya Ram v. Sol.el Singh (1906) I'. R. No. 110 (F.B.), AbdulH1"sain Khan v. Bibi Sona Dero (1917) L.R. 4j I.A. IO, Vauhno Ditti v. Rmneshri (192H) L. R. 55 I. A. 407, Mela Singh v. Gurdas, (1922) I. L. il. 3 Lah. 362, Jagat Sing/1 v. Ishar Singli (1930) I. I;. R. 11 Lah. 61_'>! Kanshi R::rn v. Situ (1934) I. L. Il. IV Lah. 214, Rahrw:U v. Ziledar (194:>) I. L. R. 26 Lah. 504 and Jai Kapur v. Sher Singh, [1960] 3 S. C.R. 975, referred to. CIVIL ArrELLA'rn JURIS DICTION : Civil Appeals Nos. 223 & 224 of l!JfH. Appeals from the judgment and decree dated April 25, 1956, of the l'unjab High Court in Civil Regular Second Appeals Nos. 158 and 159 of 1949 respectively. N. S. Bindra and K.. £. Jfehlll, for the appellants. Gurbachan Singh, Ilarbans Sinyh and M. L. Kapur, for the respondents (in C. A. No, 224/61). 1963. February 12. The Judgment of the court was delivered by SHAH J .-These appeals arise out of two suits relating to certai~ a&_r~cultur~l l~nds .situate in v.illage Umri Ana, telml Z1ra, D1stnct l;crozcpore m the Punjab. The dispute relates to the right to inherit the estate of one Harnam Singh who was the last male holder. The disputing parties arc· descended from Sahib Singh as discl
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