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Lala Vs. Nahar Singh - Court Judgment

LegalCrystal Citation
SubjectFamily;Tenancy
CourtAllahabad
Decided On
Judge
Reported in(1912)ILR34All658
AppellantLala
RespondentNahar Singh
Excerpt:
act (local) no. ii of 1901 (agra tenancy act), section 22 - 'lineal descendant'--adopted 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.richards, c.j., and banerji, j.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.
Judgment:

Richards, C.J., and Banerji, J.

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.


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