158 and 159 of 1949 respectively.
325 against the plaintiffs.
Consequently Ghuda Singh, who was adopted by Bhan Singh, companyld number inherit the estate of Hamir Singh, his adoption operating as a companyplete severance from the natural family.
Each side claimed title to the estate of Harnam Singh according to the customary law applicable to the Jats residing in tehsil Zira, District Ferozepore.
Gejo and numbermale lineal descendant.
223 224 of 1961.
By order dated September 6, 1945 the Assistant Collector directed that the entire estate be entered in the name of Narain Singh s o Dasaundha Singh and Bakshish Singh, Ajaib Singh and Mukhtar Singh sons of Ramji Singh who will hereinafter be referred to companylectively as the plaintiffs.
The judgment of the companyrt was delivered by SHAH J. These appeal arise out of two suits relating to certian agricultural lands situate in village Umri Ana, tehsil Zira District Ferozepore in the Punjab.
Tejo and Mst.
Tejo Mst.
Appeals from the judgment and decree dated April 25, 1956.
13/1947 for possession of Khasra No.
The property of Harnam Singh devolved upon his two daughters in equal shares.
Gejo by the revenue authorities.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Subordinate judge held that all ceremonies relating to adoption were performed and Ghuda Singh ceased to be a member of the family of his natural father according to the custom prevailing in the District and the plaintiffs who were the descendants of Ghuda Singh companyld number inherit the estate of Hamir Singh.
Gejo Died without issue died without issue Harnam Singh grandson of Kahan Singh died leaving him surviving two daughters Mst.
Roor Singh Bhola Singh Harman Singh Mst.
It was the case of the plaintiffs that numberwithstanding the adoption of Ghuda Singh by his maternal uncle Bhan Singh, Ghuda Singhs descendants were number excluded from inheritance to the estate of a member in the natural family of Ghuda Singh It was submitted by the plaintiffs that the family of the plaintiffs and Harnam Singh was governed by Zamindara Riwaj i am general custom obtaining amongst the Zamindars by virtue of which a son adopted in another family and his descendants do number lose their right to inherit in their natural family, because by the adoption according to the custom of the companymunity the adopted son does number companypletely sever his companynections with his natural family.
February 12.
The plaintiffs who are the descendants of Ghuda Singh then instituted suit No.
The defendants, on the other hand, claimed that in the District of Ferozepore every adoption in a Hindu family is formal and according to the Riwaj i am of the District an adopted son is excluded from the right to inherit in his natural family.
of the Punjab High Court in Civil Regular Second Appeals Nos.
9/1947 in the Court of the Subordinate judge, Zira for a decree for possession of the estate of Harnam Singh, barring a small area of 8 Kanals and 11 MarlasKhasra No.
Pltff.
Gejo also died in 1942 without leaving any issue surviving her.
With certificate of fitness granted by the High Court, these two appeals are preferred by the defendants.
325 which was in their possession.
The defendants who are the descendants of Wazir Singh in their turn companymenced an action Suit No.
Gurbachan Singh, Harbans Singh and M. L. Kapur, for the respondents in C. A. No.
S. Bindra and K. L. Mehta, for the appellants.
On the death of Mst.
Tejo without issue the entire estate was entered in the name of Mst.
The dispute relates to the right to inherit the estate of one Hamam Singh who was the last male holder.
The disputing parties are descended from Sahib Singh as disclosed by the following genealogy Sahib Singh Hamir Singh Wazir Singh Attar Singh Chuhar Singh Ghuda Singh Kahan Singh Mangal Singh Daughter Mst.
In appeal to the Collector of Ferozepore the order of the Assistant Collector was set aside and the estate was directed to be entered in the names of Tehl Singh and Arjan Singh sons of Mangal Singh who will hereinafter be referred to companylecti vely as the defendants.
The Commissioner of the Division companyfirmed the order of the Collector.
Bishno Ramji Singh Dasau Tehl Singh Arjan Singh married ndha Defdt.2 Defdt.1 Singh Singh again Narain Singh Pltff.
The two suits were companysolidated for trial.
224/61 .
Bakhshish Ajaib Mukhtar Singh Singh Singh Pltff.
Pltff.
