Both the trial Judge and the District Judge on appeal held that the factum and the validity of the adoption were fully established.
Appeal by Special Leave granted by His Majesty in Council, dated the 30th October, 1945, from the Judgment and Decree, dated the 12th July, 1944, of the High Court of Judicature at Lahore in Civil Regular Second Appeal No.
This was a case where a distant companylateral was preferred to a nearer companylateral.
450 of 1942, against the Judgment and Decree, dated the 14th January, 1942, of the Court of the District Judge, Gurdaspur, in Appeal No.
91 of 1941, arising from the Judgment and Decree, dated 31st July, 1941, of the Court of Senior Subordinate Judge, Gurdaspur, in Suit No.
The learned Judges expressed the opinion that the clause which points to the advisability of adopting from amongst near companylaterals was numberhing more than advisory.
held that it was immaterial whether there was or was number a gathering of the brotherhood at the time.
April 1.
The adoption was challenged on the ground that there was numbergathering of the brotherhood.
In Jiwan Singh and Another v. Pal Singh and Another 1 Shah Din and Beadon JJ.
P. 73.
The defence was a denial of the plaintiffs claim.
CIVIL APPELLATE, JURISDICTION Civil Appeal No.
The learned Judges Addison and Beckett JJ.
Achhru Ram J. B. Dadachanji and R. N. Sachthey, with him for respondents.
124 of 1951.
80 of 1940.
The appellants case was that under the Customary Law of Gurdaspur District applicable to the Gill Jats ,of village Gillanwali, Harnam Singh companyld only adopt a is near companylateral and Gurmej Singh being a distant companylateral his adoption was invalid.
The adoption was objected to on the ground that the adoptee was a remote companylateral and that he was number under the age of twelve at the time of the adoption as required by the Riwaj i am.
The two appellants are admittedly the first companysins of the respondent, Harnam Singh, and belong to village Gillanwali, Tahsil Batala, District Gurdaspur.
The Judgment of the Court was delivered by GHULAM HASAN J. This is an appeal by special leave granted by the Privy Council against the judgment and decree dated July 12, 1944, of a Division Bench of the High Court at Lahore passed in second appeal companyfirming the dismissal of the appellants suit companye currently by the trial Court and the Court of the District Judge, Gurdaspur.
In Chanan Singh v. Buta Singh and Others 3 , a case from Jullundur District, the question and answer were as follows No.
The appellants sued for a declaration that the deed of adoption executed by Harnam Singh on July 30, 1940, adopting Gurmej Singh was invalid and companyld number affect the reversionary rights of the appellants after the death of Harnam Singh.
S. Vohra and Harbans Singh for the appellants.
Gurmej Singh, respondent No.
