Adoption of a sister's son is not permitted under the orthodox Hindu Law, but it can be valid if there is a custom to the contrary.

JUDGMENT :

P.K. Misra, J. - Defendant No. 23 and Defendants 7 to 9 are the Appellants. From the undisputed genealogy, it appears that one Champati Das had three sons, namely Kalandi, Mali and Padan. Kalandi had two sons, namely Bholanath and Binod. Bholanath's wife Jema died in the year 1962. Rambha was the daughter of Bholanath. Defendant No. 2 was the son of Mali. He expired during pendency of the suit and his legal representatives have been impleaded as.defendants 24 to 29. Pandan had two sons, late Panchu and Gangadhar (defendant No. 5). Defendant No. 4 is the widow of Panchu and Defendant No. 3 is the son. There is no dispute regarding the above relationship. From the evidence on record, it has been found that Bholanath had two sisters, namely Ajodhya and Hara.. Defendants 6 and 23 are the sons of Ajodhya. Both of them claim in their separa written statement that Defendant No. 23 is-the adopted son of Binod. Ajodhya had two other sons who were not impleaded as parties in the trial court and an application for impleading them as parties has been filed by the plaintiff-respondent No. 1 during the pendency of this appeal. Similarly, Hara had three sons who had not been impleaded as parties, but they have filed applications to be added as parties. Defendants 7 to 9 who are the sons of Defendant No. 23 are alienees from Binod in respect of certain properties. Defendant No. 16 has been jointly recorded with Bholanath in respect of 'Gha' Schedule property. The otherdefendants are the alienees from other parties. Plaintiff claims that she and Defendant No. 1 are the daughters of Rambha and they are entitled to succeed to the properties of Bholanath, who admittedly died in the year 1972.

2. It is the Plaintiff's case that Bholanath and Binod, Maguni, Panchu and Gangadhar became separated in the year 1942. 'Ka' Schedule lands are recorded in the name of Bholanath, Maguni, Panchu and Gangadhar. It is claimed that Binod had no interest in the said property and as such Plaintiff and Defendant No. 1 are entitled to 1/3rd. interest in the aforesaid 'Ka' Schedule property. 'Kha' Schedule properties stand recorded in the names of Bholanath. Binod, Maguni, Panchu and Gangadhar. It is claimed that the three branches had equal share in such properties and as such Plaintiff and Defendants 1 and 2 are entitled to a share of 1112 in such property. It is claimed that 'Ga' ScheduIe property is the exclusive property of Bholanath and Binod and the 'other two branches did not have any interest In the same. The Plaintiff, therefore, claims that she and Defendant No. 1 are entitled to 1/4share each in 'Ga' Schedule property. 'Gha' Schedule properties have been recorded in the name of Bholanath and Sashika (defendant. No. 16). It is claimed tbat the Plaintiff and Defendant No. 1 together are entitled to,balf interest in the said property. Lot No. 1 of Schedule 'Una' property had 'been purchased by Jema in 1945 out of her own funds and the Plaintiff and Defendant No. 1 are entitled to succeed to sub property to the exclusion of others. Lot Nos. 2 to 7 of 'Una' Schedule property are claimed to be the self-acquired property of Bholanath and Plaintiff and Defendant No. 1 claim the entire property. The alienations of Binod in favour of Defendants 7 to 9 have been challenged. On the aforesaid pleadings, suit for partition has been filed.

3. Defendant No. 2 expired during the pendency of the suit and his heirs Defendants 2 to 29, have been impleaded on the basis of their own petition. Defendants 3 to 5 and 24 to 29 filed a joint written statement.While not denying about the status of Plaintiff and Defendant No. 1 they have denied a bout the separation and claimed that Plaintiff and Defendant No. 1 are not entitled to any share and all the properties purchased by Bholanath or Jema are the joint family properties. It is specifically stated that Lot No. 1 properties in 'Una' Schedule have been purchased in the name of Jema from the joint family nucleus of the fami