Court : Himachal Pradesh
Decided on : Aug-01-1952
Reported in : AIR1953HP19
Chowdhry, J.C. 1. This is a second appeal by the minor plaintiff Hari Das through his natural father Balak Ram as his next friend. Dhani Ram made a gift of his property to Jiwanu and Moti Ram. A report for mutation of this gift was made by the Patwari on 14-7-1948 and, despite the objection of Balak Ram on behalf of the minor, sanctioned on 2-8-1948. The present suit was then filed against the donor and the donees on .18-6-1949 by the minor, claiming to be an adopted son of the donor Dhani Ram, and alleging the property to be ancestral, for a declaration that the gift is invalid and ineffectual against the interests of the plaintiff. The adoption was alleged to have taken place on 28-1-1946.2. The plaint mentioned both the Hindu Law and custom. One of the issues framed by the trial Court therefore was: Are the parties governed in the matter of succession and alienation by custom, and if so, what is that custom, and what is its effect on the suit? The matter in respect of which custom h...
Tag this Judgment!