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Lala Vs. Nahar Singh - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in16Ind.Cas.181
AppellantLala
RespondentNahar Singh
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.
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.


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