1922 (12) TMI 1 - HC - Indian Laws

Privy Council affirms Hindu law governs Lachmipur Raj estate succession, allowing adoption.

Sahdeo Narain Deo and Ors. Versus Kusum Kumari

The Privy Council upheld the lower courts' decisions, dismissing the appeal and affirming that succession to the Lachmipur Raj estate was governed by ... - Issues Involved:1. Succession to the Lachmipur Raj estate.2. Jurisdiction of the Subordinate Judge at Bhagalpur.3. Custom of adoption and succession by adoption.4. Applicability of Hindu law versus family or clan customs.5. Burden of proof regarding the custom of adoption.Detailed Analysis:1. Succession to the Lachmipur Raj Estate:The primary issue was whether the succession to the Lachmipur Raj estate devolved upon the adopted son of the last owner or upon his nearest collateral blood relation. The plaintiffs, two half-brothers, claimed succession based on the rule of primogeniture, asserting that a family or clan custom barred inheritance by adoption. The defendant, however, claimed to be the adopted son of the last holder.2. Jurisdiction of the Subordinate Judge at Bhagalpur:A jurisdictional challenge was raised, arguing that the Subordinate Judge at Bhagalpur had no jurisdiction due to Regulation 3 of 1872 relating to the Santhal Parganas. Although the plaintiffs abandoned claims related to the Santhal Parganas portion, the High Court initially found this jurisdictional issue fatal to the plaintiffs' case. However, the Privy Council chose to hear the merits of the case without further discussing jurisdiction, as the plaintiffs failed to establish their case on merits.3. Custom of Adoption and Succession by Adoption:The plaintiffs contended that a family or clan custom forbade inheritance by adoption. However, the courts below found against the plaintiffs, concluding that the Lachmipur Raj estate was governed by Hindu law, which allows for succession by adoption. The evidence showed that the defendant was publicly and solemnly adopted, and no objections were raised until much later. Furthermore, the defendant was recognized as the adopted son in official clan documents.4. Applicability of Hindu Law versus Family or Clan Customs:The plaintiffs initially claimed to be governed by the Benares school of Hindu law but later attempted to amend their pleadings to argue that their ancestors were non-Hindus who adopted Hindu customs over time. The High Court and the Privy Council found that the clan had sufficiently adopted Hindu religion, social usages, and laws, including the custom of succession by adoption, despite some relics of non-Hinduism.5. Burden of Proof Regarding the Custom of Adoption:The plaintiffs argued that the burden of proof should have been on the defendant to prove the custom of adoption. However, the courts below placed the burden on the plaintiffs to prove the existence of a custom barring adoption. The Privy Council, agreeing with the lower courts, found that the plaintiffs failed to meet this burden. The evidence supported the conclusion that the clan had adopted Hindu law, including the custom of adoption.Conclusion:The Privy Council upheld the decisions of the lower courts, finding no reason to interfere with their conclusions. The appeal was dismissed with costs, affirming that the Lachmipur Raj estate's succession was governed by Hindu law, which permits succession by adoption. The plaintiffs' arguments regarding jurisdiction, custom barring adoption, and burden of proof were all rejected based on the evidence and legal principles applied.