{"id":97683,"date":"1954-12-15T00:00:00","date_gmt":"1954-12-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sewa-singh-ors-vs-jangir-singh-ors-on-15-december-1954"},"modified":"2016-05-13T02:18:03","modified_gmt":"2016-05-12T20:48:03","slug":"sewa-singh-ors-vs-jangir-singh-ors-on-15-december-1954","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sewa-singh-ors-vs-jangir-singh-ors-on-15-december-1954","title":{"rendered":"Sewa Singh &amp; Ors vs Jangir Singh &amp; Ors on 15 December, 1954"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Sewa Singh &amp; Ors vs Jangir Singh &amp; Ors on 15 December, 1954<\/div>\n<div class=\"doc_bench\">Bench: M.C. Mahajan (Cj), N.H. Bhagwati, B. Jagannadhadas, T.L.V. Aiyyar<\/div>\n<pre>           CASE NO.:\nAppeal (civil)  115 of 1953\n\nPETITIONER:\nSEWA SINGH &amp; ORS.\n\nRESPONDENT:\nJANGIR SINGH &amp; ORS. \n\nDATE OF JUDGMENT: 15\/12\/1954\n\nBENCH:\nM.C. MAHAJAN (CJ) &amp; N.H. BHAGWATI &amp; B.  JAGANNADHADAS &amp; T.L.V.  AIYYAR &amp;\nB.P. SINHA\n\nJUDGMENT:\n<\/pre>\n<p>JUDGMENT<\/p>\n<p>AIR  1956 SC 1<\/p>\n<p>The Judgment was delivered by :\n<\/p>\n<p>MAHAJAN C. J. : The facts giving rise to this appeal lie within a narrow<br \/>\ncompass, and can be shortly stated. One Bishan Singh, a Sikh Jat belonging<br \/>\nto the Dhande tribe, was the owner of the land in dispute which is situated<br \/>\nin Patti-Gainda of village Naraingarh in the State of PEPSU.\n<\/p>\n<p>On 8-4-1935 he adopted Jangir Singh, the plaintiff in the suit, by means of<br \/>\na registered deed and declared therein that Jangir Singh would inherit to<br \/>\nall his movable and immovable properties after his death. Bishan Singh died<br \/>\nsometime in April 1944. The mutation of the land, after his death, was<br \/>\nentered in the name of Jangir Singh but possession of it was taken by the<br \/>\ndefendants who are direct descendants of Gainda and are collaterals of<br \/>\nBishan Singh in the fifth degree.\n<\/p>\n<p>In this situation Jangir singh filed the present suit for possession<br \/>\nalleging that he being the adopted son of Bishan Singh was entitled to<br \/>\nsucceed to the property. The defendants denied the factum and validity of<br \/>\nhis adoption, and further pleaded that the land in suit was ancestral<br \/>\nproperty of Bishan Singh and under custom he had no right to dispose it of.\n<\/p>\n<p>2. On the pleadings of the parties the trial Judge framed four material<br \/>\nissues :\n<\/p>\n<p>(1) Whether the plaintiff was adopted by Bishan Singh?\n<\/p>\n<p>(2) Whether the adoption was valid?\n<\/p>\n<p>(3) Whether the defendants were collaterals of Bishan Singh?\n<\/p>\n<p>(4) Whether the property in dispute was ancestral qua the defendants?\n<\/p>\n<p>Issue No. 1 was decided in favour of the plaintiff but all the other issues<br \/>\nwere decided against him. In the result the plaintiff&#8217;s suit was dismissed,<br \/>\nthe parties being left to bear their own costs. On issue No. 4 the learned<br \/>\nJudge held that from the extract of the record of rights placed by the<br \/>\ndefendants on the record and the copy of the pedigree table it was clear<br \/>\nthat the land in dispute was ancestral qua the descendants of Gainda, the<br \/>\ncommon ancestor of this family.\n<\/p>\n<p>The adoption of the plaintiff was held invalid on the ground that according<br \/>\nto custom Bishan Singh could not adopt a descendant of his maternal<br \/>\ngrandfather and it was only a collateral or an agnatic relation who could<br \/>\nbe adopted amongst the Jats of these parts.\n<\/p>\n<p>3. The decision of the trial Judge was affirmed in appeal by the District<br \/>\nJudge who also took the view that a stranger to the family of the adopter<br \/>\ncould not be adopted under custom by which the parties were governed. On<br \/>\nthe ancestral nature of the property the learned District Judge observed as<br \/>\nfollows :\n<\/p>\n<blockquote><p>    &#8220;The pedigree table of family No. 9 shows that the defendants are<br \/>\n    collaterals of Bishan Singh deceased in about the 5th degree. The<br \/>\n    common ancestro was Gainda, who had seven sons, namely, Chandu,<br \/>\n    Nagahia, Raja Ram, Himmata, Samonda, Lakha and Dayala. The holdings<br \/>\n    shown are Chandu 122 bighas 15 biswas, Nagahia 115 bighas 8 Biswas,<br \/>\n    Raja ram 123 bighas 2 Biswas, Himmata 115 Bighas 11 Biswas, Samonda 122<br \/>\n    bighas 16 biswas, Lakha 125 bighas 11 biswas and Dayala 129 bighas. It<br \/>\n    will be observed that the holdings of Chandu, Raja Ram, Samonda and<br \/>\n    Lakha are almost equal, and those of Nagahia and Himmata are again<br \/>\n    almost equal, and that of Dayala is somewhat larger than the others.\n<\/p><\/blockquote>\n<blockquote><p>    In the Pemana Haqiat the descendants of each branch are shown to hold<br \/>\n    land as 1\/7th share of the total area. This leads to the conclusion<br \/>\n    that the land of Gainda, the common ancestor, was divided into seven<br \/>\n    shares and each one of the seven sons got 1\/7th share of the whole and<br \/>\n    consequently the descendants of each son are shown to possess shares of<br \/>\n    the that 1\/7th. The slight disparity in the areas held by these seven<br \/>\n    brothers must be due to the quality of the land, because out of seven<br \/>\n    brothers two hold almost equal areas and again three hold equal areas.&#8221;\n<\/p><\/blockquote>\n<p>The plaintiff having been unsuccessful in the first two courts preferred a<br \/>\nsecond appeal to the High Court of PEPSU. This appeal was in the first<br \/>\ninstance heard by a single Judge who expressed of doubt as to the<br \/>\ncorrectness of the opinion of the two courts below regarding their<br \/>\ndecisions on the ancestral character of the land.\n<\/p>\n<p>A new point was urged before him that even if the adoption was invalid, the<br \/>\nproperty being self-acquired Bishan Singh could make a gift in favour of<br \/>\nJangir Singh and Bishan Singh having declared in the deed of adoption that<br \/>\nJangir Singh would inherit to his movable and immovable properties after<br \/>\nhis death, Jangir Singh was entitled to them.\n<\/p>\n<p>The learned Judge thinking that this question was of sufficient importance<br \/>\nto be decided by a larger bench directed the case to be laid before the<br \/>\nChief Justice for constituting a bench. The appeal was then heard by a<br \/>\nDivision Bench of the court. The bench reversed the concurrent finding of<br \/>\nthe first two courts on the question of the nature of the property and held<br \/>\nthat it had not been proved to be ancestral. The decision on this point was<br \/>\nstated in these terms :\n<\/p>\n<blockquote><p>    &#8220;The copy of the pedigree table produced by the defendants goes to show<br \/>\n    that Gainda Singh was the common ancestor and Bishan Singh was his<br \/>\n    descendant in the fifth degree. Gainda Singh had seven sons. Of these<br \/>\n    Samonda was the ancestor of Bishan Singh, and the defendants are the<br \/>\n    descendants of his other sons, some in the fifth degree and some in the<br \/>\n    sixth.\n<\/p><\/blockquote>\n<blockquote><p>    At the time of the first regular settlement which took place in 1962<br \/>\n    (1905-6 A. D.) the land held by Bishan Singh and other descendants of<br \/>\n    Gaina Singh were almost equal and it was from this fact that the Courts<br \/>\n    below appear to have drawn the presumption that the whole of the land<br \/>\n    was once owned by Gainda Singh and it devolved upon his descendants by<br \/>\n    succession.\n<\/p><\/blockquote>\n<blockquote><p>    This is my opinion, and to the same extent was the opinion of my<br \/>\n    learned brother as expressed in the referring order, that the mere fact<br \/>\n    that remote descendants of a person are found to hold equal or almost<br \/>\n    equal amount of land at the time of first settlement, cannot by itself<br \/>\n    raise the presumption that the land came from the common ancestor. In<br \/>\n    the present case a reference to the copy of the Kafiat Delhi would go<br \/>\n    to show that the land was probably not owned by Gainda. According to<br \/>\n    that document the village was originally owned by two tribes, Rajputs<br \/>\n    and Dhande Jats. Later on the Rajputs&#8217; Patti was abolished and the<br \/>\n    entire land of the village was taken hold of by the Jats.\n<\/p><\/blockquote>\n<blockquote><p>    Afterwards certain other Jats and one family of Brahmans and one<br \/>\n    Guosains was allowed to settle in the village and in Samvat 1888 when a<br \/>\n    part of the village land was given to village Sangatpura, which then<br \/>\n    came into existence, there was a fresh allotment of lands and after<br \/>\n    that possession became the measure of right. In view of this fact, it<br \/>\n    is impossible to hold that the land of which every descendant of Gainda<br \/>\n    Singh was in possession at the time of first settlement, had devolved<br \/>\n    upon him from Gainda.&#8221;\n<\/p><\/blockquote>\n<p>The Division Bench having decided that the land was not proved to be<br \/>\nancestral proceeded to refer the following questions to a Full Bench :\n<\/p>\n<p>&#8220;(1) Does the term&#8221; kinsman<\/p>\n<p>    &#8220;used in paragraph 35 of Rattigan&#8217;s Digest of Customary Law mean a<br \/>\n    collateral and if not, can a distant relation like the great-grandson<br \/>\n    of the adopter&#8217;s mother&#8217;s father&#8217;s brother be regarded a &#8220;kinsman&#8221;.\n<\/p>\n<p>    (2) If a person governed by Customary Law adopts another person as his<br \/>\n    son and the adoption is later on set aside as invalid according to<br \/>\n    custom, can the adopted son succeed to the non-ancestral property of<br \/>\n    the adoptive father on the ground that his adoption was tantamount to a<br \/>\n    gift or bequest&#8221;\n<\/p>\n<p>.\n<\/p>\n<p>The Full Bench answered both these questions in the affirmative. In other<br \/>\nwords it held that the expression &#8220;kinsman&#8221; referred in the Customary Law<br \/>\nhad reference to and meant agnatic relation and that a distant relation<br \/>\nlike that of the adopter&#8217;s mother&#8217;s father&#8217;s brother could not be included<br \/>\nwithin it. It further held that even if the adoption was invalid, the<br \/>\nadopted son could succeed to self-acquired property of the adopter on the<br \/>\nbasis that the adoption in these parts in tantamount to a gift or a<br \/>\nbequest.\n<\/p>\n<p>In the result the appeal was allowed and the plaintiff&#8217;s suit was decreed<br \/>\nas laid. The case was however certified to be a fit one for appeal to this<br \/>\ncourt under Art. 133 (a) of the Constitution of India. This appeal is now<br \/>\nbefore us in view of that certificate.\n<\/p>\n<p>4. In our judgment the appeal can be disposed of on the short ground that<br \/>\nthere was no justification whatsoever for setting aside the concurrent<br \/>\nfinding of the first two courts on the question of the character of the<br \/>\nland in dispute, and there is thus no necessity to resolve the legal<br \/>\nquestion raised, as in that view of the case the plaintiff&#8217;s suit is<br \/>\nadmittedly bound to fail. It appears from the entries in the pedigree table<br \/>\nprepared at the settlement of 1907-09 that Gainda, the common ancestor of<br \/>\nBishan Singh and of the defendants, had seven sons and Bishan Singh and the<br \/>\ndefendants represent the line of these sons, Bishan Singh having descended<br \/>\nfrom Samonda, while the defendants being the descendants of the other<br \/>\nbrothers of Samonda.\n<\/p>\n<p>Bishan Singh at the time of the regular settlement held 122 bighas 16<br \/>\nbiswas of land which was described as being 1\/7the share of the total<br \/>\nfamily holding. The shares of the descendants of the other sons of Gainda<br \/>\nSingh were also described in similar terms. Some of them held one-half of<br \/>\n1\/7th, others held one third of 1\/7th and so on. This subdivison was in<br \/>\naccordance with the number of the descendants of each one of the seven<br \/>\nsons. An explanatory note is appended to this pedigree and it is in these<br \/>\nterms :\n<\/p>\n<blockquote><p>    &#8220;This Patti Gainda is known after the name of the ancestor of the<br \/>\n    proprietors and they are in its possession and pay land revenue.<br \/>\n    However, for division of Shamlat deh Rs. 8\/2\/6 in all according to the<br \/>\n    ancestral shares is entered in column&#8230;&#8230;&#8230;.&#8221;\n<\/p><\/blockquote>\n<p>From these entries which carry a presumption of truth it is clear that the<br \/>\nwhole of the land which was once owned by the common ancestor was at the<br \/>\ntime of the regular settlement in possession of his descendants according<br \/>\nto ancestral share and the shamlat deh which is also in suit was also<br \/>\ndivisible according to ancestral shares.\n<\/p>\n<p>It has not been suggested that any to the descendants of Gainda Singh<br \/>\nacquired any land in this Patti by purchase of introduced strangers in it<br \/>\nby selling any portion of their ancestral holding. That being so, the<br \/>\nlearned District Judge was justified in drawing the inference from the<br \/>\ncircumstance of equality of holdings and the reference to these in terms of<br \/>\nancestral shares, that the land in suit had develved on Bishan Singh by<br \/>\ndescent from Gainda, and there were no valid grounds for referring that<br \/>\ndecision.\n<\/p>\n<p>The circumstances established in the case are compatible only with the<br \/>\ntheory that this land came to his sons from Gainda and these circumstances<br \/>\ncannot be explained on any other reasonable hypothesis.\n<\/p>\n<p>5. The High Court for its conclusion placed reliance on the &#8220;Kafiat<br \/>\nDehi&#8221;(village history) as given in the settlement record, this is what is<br \/>\nstated therein :\n<\/p>\n<blockquote><p>    &#8220;Originally Tooni Rajputs, and our ancestors, that is, the ancestors of<br \/>\n    the proprietors Jat Dhande were in possession of the estate of this<br \/>\n    village in equal shares. In the times of Muslim Rulers the land revenue<br \/>\n    fell in arrear against Tooni Rajputs who absconded out of fear of<br \/>\n    harassment and violence at the hands of the then ruler. The common<br \/>\n    ancestor of Jats Dhande on payment of the arrears of land revenue<br \/>\n    acquired possession of the whole village and called the following<br \/>\n    families also and distributed them land as owners &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<br \/>\n    Since the village had passed into the ownership of a sole owner, the<br \/>\n    families who migrated afterwards got land according to their means.\n<\/p><\/blockquote>\n<blockquote><p>    In 1831-32 A. D. some area of this village was set apart and a separate<br \/>\n    village named Sangatpura came into being, whereby the remaining scale<br \/>\n    of holding (Raha Saha Paimana Haqiyat) was also disturbed. It has been<br \/>\n    decided that the enhancement or reduction will depend upon the<br \/>\n    possession. That is to say, at present the revenue of Rs. 7-15-9 is<br \/>\n    paid on the land of ten dirams. As a matter of fact previously the sale<br \/>\n    was Rs. 8\/2\/6; &#8230;&#8230;&#8230; for the division of the Shamlat deh the<br \/>\n    original scale of Rs. 8\/2\/6 was entered in the pedigree table. The<br \/>\n    following six Pattis are named after the names of the ancestors; Sangu,<br \/>\n    Piru, Jalla, Malla, Hari Chand and Gainda.&#8221;\n<\/p><\/blockquote>\n<p>There is nothing in this document from which an inference could be drawn<br \/>\nthat there was any disturbance in the scale of holding in Patti Gainda. On<br \/>\nthe other hand the &#8220;Paimana Haqiyat&#8221;(measure of right) as given in the<br \/>\nrecords clearly indicates that the Patti is being held by the descendants<br \/>\nof Gainda according to ancestral shares. In these circumstances there was<br \/>\nno reason for doubting the ancestral character of the land in dispute in<br \/>\nthis case.\n<\/p>\n<p>We are further of the opinion that this was not a fit case in which a<br \/>\nconcurrent finding of the first two courts should have been set aside on<br \/>\nfurther appeal even if the finding was not binding under the law then<br \/>\nprevailing in PEPSU and the High Court could re-examine the finding in<br \/>\nsecond appeal.\n<\/p>\n<p>6. The result is that this appeal is allowed, the judgment of the High<br \/>\nCourt is set aside, and that of the trial judge dismissing the plaintiff&#8217;s<br \/>\nsuit is restored. In the circumstances of this case, we make no order as to<br \/>\ncosts.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Sewa Singh &amp; Ors vs Jangir Singh &amp; Ors on 15 December, 1954 Bench: M.C. Mahajan (Cj), N.H. Bhagwati, B. Jagannadhadas, T.L.V. Aiyyar CASE NO.: Appeal (civil) 115 of 1953 PETITIONER: SEWA SINGH &amp; ORS. RESPONDENT: JANGIR SINGH &amp; ORS. DATE OF JUDGMENT: 15\/12\/1954 BENCH: M.C. MAHAJAN (CJ) &amp; N.H. BHAGWATI [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-97683","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Sewa Singh &amp; Ors vs Jangir Singh &amp; Ors on 15 December, 1954 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sewa-singh-ors-vs-jangir-singh-ors-on-15-december-1954\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sewa Singh &amp; 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