J.C.Shah, C.J.I.

(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 contentio