http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 5
PETITIONER: HEM SINGH AND ANOTHER
Vs.
RESPONDENT: HARNAM SINGH AND ANOTHER.
DATE OF JUDGMENT: 01/04/1954
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM MUKHERJEA, B.K. BOSE, VIVIAN AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 581 1955 SCR 44
ACT: Custom-Adoption-Gill Tats of village Gillanwali, District Gurdaspur (Punjab)-Adoption of a collateral of 8th degree-Validity of.
HEADNOTE: Held, that under the Customary Law of Gurdaspur District (Punjab) applicable to the Gill Jats of village Gillanwali, the adoption of a collateral of the 8th decree is not invalid. The answer to question 9 in Customary Law of the Gurdaspur District that "the adoption of near collateral only" should be recognised is not mandatory but directory. Under the Customary Law in the Punjab, adoption is secular in character, the object being to appoint an heir and the rules relating to ceremonies and to preferences in selection have to be held to be directory and adoptions made in disregard of them are not invalid. Jiwan Singh and Another v. Pal Singh and Another (22 P.R. 1913 at p. 84); Sant Singh v. Mula and Others (44 P.R. 1913 at p. 173); Charan Singh v. Butta Singh and Others (A.I.R. 1935 Lah. 83); Jowala v. Dewan Singh (166 I.C. 237); and Basant Singh and Others v. Brij Raj Saran Singh (I.L.R. 57 All. 494) referred to:
JUDGMENT: CIVIL APPELLATE, JURISDICTION: Civil Appea...