Judgement

ALAGIRISWAMY, J. :- The appellant was adopted by Maghi Singh his grand-father s brother. Maghi Singh also executed a deed of adoption. After his death another brother of Maghi Singh, the 1st respondent, filed the suit, out of which this appeal arises, questioning the adoption and claiming a half share in Maghi Singh s property. The suit was dismissed by the Trial Court but the first Appellate Court held that the ceremony of giving and taking had not taken place and allowed the appeal. In Second Appeal Justice Khanna of the Punjab High Court, as he then was, held that the giving and taking had taken place and rejected an argument that even if there was the act of giving and taking, it was not with the intent to transfer the appellant from the family of his birth to that of Maghi Singh because Maghi Singh was governed by customary law. A Division Bench of the Punjab and Haryana High Court, hearing the Letters Patent Appeal against this judgment held that there was no evidence of intention to transfer the appellant from his natural family to Maghi Singh s family and allowed the appeal. This appeal is by special leave granted by this Court.

2. In the plaint it was alleged that