D.K.Mahajan, J.

1. The only question in this second appeal is whether defendant No. 1, who is the adopted son of Attra, the last male-holder of the land in dispute, has a right of collateral succession in the adoptive family ?

2. The facts of this case are given in my remand order dated the 10th of March, 1960, when I framed two issues and sent the case to the trial Court for determination of the same. Those two issues are as follows :-

1. Whether Karam Singh was formally adopted by Attra and as such has the right to succeed like the natural son of Attra to the estate of Sunder ?

2. If it is not proved that there was a formal adoption as alleged, whether there is a special custom among the jats of Jullundur tehsil whereby a person, who is appointed as an heir, has a right to succeed collaterally in the adoptive fathers family ?

The trial Court returned the case finding both the issues in favour of defendant No. 1. There lower appellate Court, however, disagreed with the trial Courts finding on the first issue but affirmed the finding of the trial Court on the second issue. Hence the present second appeal.

3. It is common ground that if there is no right of collateral succes