Judgement

S. K. DAS, J. : This is an appeal on a certificate granted by the High Court of Punjab on March 7, 1955. The only question which falls for decision is whether Inder Singh, plaintiff in the Court of first instance and appellant herein, was validly adopted by one Nathu in accordance with the rules of customary adoption prevalent amongst Jats of the Ludhiana district in the State of Punjab.

2. The relevant facts are these. Nathu, the last male holder of the property in dispute, was a Jat of Ludhiana district. He was blind, not married and had no issue. He was a resident of village Mohanpur. Inder Singh, a resident of the same village, was his nephew by collateral relation of the fifth degree. Inder Singh s case was that he looked after Nathu since his childhood and on March 24, 1946. Nathu adopted him, according to the custom prevalent amongst them, before the village Panchayat by distributing "gur" (jaggery) and on the next day, that is, March 25, 1946, Nathu executed a deed of adoption in his favour and got it registered on the same day. For a short period thereafter Nathu lived with Inder Singh. Then Gujar Singh, defendant in the suit. who was a nearer collateral of Nathu,