Lala Vs. Nahar Singh

Lala vs Nahar Singh

Type Court Judgment Court Allahabad Decided Jul 31, 1912

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Citation: sooperkanoon.com/476373
Court: Allahabad
Judge: Henry Richards, C.J. and; Banerji, J.
Decided On: Jul 31, 1912
Subject: Tenancy

Case Summary

AI-generated summary - not the official court judgment text.

Hindu Law Sudra - Adoption--Daughter's son can be adopted--Agra Tenancy Act (11 of 1901), Section 22--Succession to occupancy-holding--Adapted son is a lineal descendant. - - This being, so, the only question which remains is whether or not an adopted son is a lineal descendant within Section 22 of the Tenancy Act...

Key legal issue: Tenancy

Parties & Advocates

Appellant / Petitioner

Lala

Respondent

Nahar Singh

Legal References

Reported In: 16Ind.Cas.181

Excerpt

hindu law sudra - adoption--daughter's son can be adopted--agra tenancy act (11 of 1901), section 22--succession to occupancy-holding--adapted son is a lineal descendant. - - this being, so, the only question which remains is whether or not an adopted son is a lineal descendant within section 22 of the tenancy act and, in our opinion, he clearly is.1. we think that the court was quite justified in finding that the deceased occupancy-tenant siya ram was a sudra and could adopt a daughter's son. this being, so, the only question which remains is whether or not an adopted son is a lineal descendant within section 22 of the tenancy act and, in our opinion, he clearly is. an adopted son is, in the eye of the hindu law, just the same as a natural born son. the appeal fails and is dismissed but without costs as no one appears on behalf of the respondents.

Full Judgment

1. We think that the Court was quite justified in finding that the deceased occupancy-tenant Siya Ram was a Sudra and could adopt a daughter's son. This being, so, the only question which remains is whether or not an adopted son is a lineal descendant within Section 22 of the Tenancy Act and, in our opinion, he clearly is. An adopted son is, in the eye of the Hindu Law, just the same as a natural born son. The appeal fails and is dismissed but without costs as no one appears on behalf of the respondents.

Same Parties Lala vs Nahar Singh Same Subject Tenancy Same Judge Henry Richards, C.J. and; Banerji, J.

Tenancy