Naga Mal vs Hassan Ali

The plaintiff is the adopted son of one Chunua, and is at the same time Chunna''s sister''s son, and the material question raised in special appeal is whether, under the Jain law (the parties being Saraogis), an adoption of a sister''s son is valid. Evidence on the point was given in the Court of First Instance, and the lower Appellate Court gave the parties opportunity of producing further evidence, which was produced, and which supports the view taken by both the lower Courts, that such an adoption is valid under Jain law. We find no reason to doubt the correctness of this decision, and find that it is quite consistent with a ruling of this Court,--Sheo Singh Rai v. Dakho H.C.R. N.W.P. 1894 p. 382, where all the authorities have been reviewed. In that case it was held that, in questions arising between parties of the Jain sect, the custom of the sect should be inquired into and given effect to, although it may be at variance with Hindu law, and it was further held that, among followers of the Jain sect, a daughter''s son might be adopted. In the ease before us the adoption is of a sister''s son, but the principle involved in both cases is the same, and, indeed, looking to the grounds upon which the objection to such adoption is based under the Hindu law, it would have more force in the case of the adoption of a daughter''s son than of a sister''s son.