the subordinate judge ajnala and the district judge amrit sar companycurrently held that the adoption of kala singh was the usual customary appointment of an heir.
he held that according to custom the adoption of a daughters son was number permissible and the adoption of kala singh was therefore invalid.
on appeal the district judge amritsar set aside the decree passed by the trial companyrt and dismissed the suit.
he also held that under the customary law an adopted son companyld number succeed companylaterally in his adoptive fathers family if he was a number agnate i.e. if he did number belong to the got of his adoptive father.
the trial companyrt also held that by the custom of jats in amritsar district an appointed heir was entitled to succeed companylaterally in the family of his adoptive father and companysequently kala singh was the preferential heir of santa singh.
appeal from the judgment and decree dated october 6 1958 of the punjab high companyrt in civil regular second appeal number340 of 1953.
as the validity of the adoption was number in issue the parties had numberopportunity to lead any evidence on the question whether by the special custom of the parties megh singh companyld lawfully adopt his daughters son.
kala singh has died leaving his sons dewan singh and gian singh as his heirs.
on second appeal the high companyrt set aside the order of the district judge amritsar and restored the decree passed by the trial companyrt.
the contesting defendants alleged that the adoption of kala singh amounted to the appointment of an heir only and they denied that according to custom kala singh was the reversionary heir of santa singh or entitled to inherit his lands.
some of the defendants number appeal to this court on a certificate granted by the high companyrt.
megh singh died more than 50 years ago.
santa singh has number been heard of for a long time and is presumed to be dead.
civil appellate jurisdiction civil appeal number 429 of1963.
the revenue authorities sanctioned mutation of the lands left by him in favour of the defendants who are his companylaterals of the 8th degree.
dewan singh and gian singh instituted a suit in the companyrt of the subordinate judge first class ajnala praying for a decree for possession of the lands left by santa singh and alleging that megh singh adopted kala singh as his son took him out of his natural family transplanted him companypletely in the family of megh singh and bestowed on him the rights of a natural son according to the custom by which the parties were governed kala singh was entitled to succeed as a reversionary heir in the family of his adoptive father and was the preferential heir of santa singh.
before his death he adopted his daughters son one kala singh.
one megh singh was the companylateral of santa singh in the 5th degree.
the dispute companycerns succession to the property of one santa singh alias din mohammad.
gopal singh for the appellants and respondent number 11.
the judgment of the companyrt was delivered by bachawat j. the parties are aulakh jats of tehsil ajnala in amritsar district and are governed by customary law in matters of succession and adoption.
in the written statement the defendants did number allege that megh singh had numberpower to adopt kala singh as kala singh was the daughters son of megh singh.
n. keswani for respondent number 1.
