- (1.) By the deed dated 4/01/1961 one Harnam Singh made a gift of agricultural land measuring 76 acres 3 bighas in favour of the appellant in appeal. Wazir Singh, respondent to this appeal claiming that he was adopted on 11/07/1947 by Harnam Singh according to Hindu rites and ceremonies challenged the gift of the land which he asserted belonged to the Hindu Joint family of Harnam Singh and himself. The suit filed by Wazir Singh was dismissed by the trial court. The court held that Wazir Singh was appointed as heir under the customary law of the Punjab and that he was not adopted according to Hindu rites and ceremonies and on that account Wazir Singh was not competent to challenge the alienation of the gift by Harnam Singh. On appeal, the District court upheld the claim of Wazir Singh that he was adopted by Harnam Singh according to the Hindu rites and ceremonies and the property which was gifted was part of the coparcenary property and on that account the gift was void. The High court of Punjab confirmed the decree passed by the District court. With certificate granted by the High court, this appeal has been preferred by the appellant.
(2.) Two contentions are raised in support of the appeal : (I) In reaching his conclusion that the adoption of Wazir Singh was according to Hindu rites and ceremonies, the District Judge misread 'documentary evidence and ignored the pleadings of the party. (Ii) That in any case by virtue of S. 30 of the Hindu Succession Act, 1956 it was not open to Wazir Singh to challenge the gift made by his adoptive father Harnam Singh.
(3.) The deed of adoption which is executed by Harnam Singh in 1947 states that: "After my death it is necessary that I should have a son to perform 180 any ritual ceremonies. The name of a sonless person vanishes from the mortal world. I have brought up Wazir son of Mangal, a minor aged 16, years' as a son since his childhood, for the last ten years. Wazir"s marriage was also arranged by me and Wazir aforesaid is also looking after me as a natural son. I have adopted Wazir aforesaid, minor son of Mangal, as my son in the presence of the Panchayat, after performing the religious ceremonies. Wazir will be the owner of my property of every kind as my natural son. ";