L DEBI PRASAD Vs. TRIBENI DEVI

JUDGEMENT

(1.) THE Judgment of the Court was delivered by

(2.) IN this appeal by special leave though number of contentions were taken, we have not thought it necessary to go into all of them as in our judgment High court's conclusion that Shyam Behari Lal (1st defendant) had been validly adopted by Gopal Das is well-founded.

(3.) THE common ancestor of the family, was Lajja Ram who died in 1874.We are now concerned with the branch of Kedar Nath, the father of GopalDas who died on 18/02/1934. His widow Bhagwan Dei died on 19/10/1934. THE contention of Debi Prasad is that Gopal Das hadseparated from his family ; he died intestate and, therefore, being the nearestheir of Gopal Das, he is entitled to the properties left by Gopal Das. THEplaintiff's claim was resisted by the 1st defendant Shyam Behari Lal, whoclaimed to be the adopted son of Gopal Das. According to Shyam BehariLal, he had been adopted by Gopal Das in about the year 1892 when he wasonly an infant. He also resisted the suit on the ground that Gopal Das wasan undivided member of his family and therefore the 1st plaintiff in anyevent cannot claim any rights to the suit properties. His further contentionwas that the 1st plaintiff was estopped from contending that he was not theadopted son of Gopal Das. Shyam Behari Lal died during the pendency ofthe appeal before the High court and his legal representatives are contestingthis appeal. Debi Prasad also died during the pendency of this appeal. THETrial court substantially accepted the claim made in the plaint but in appealthe High court reversed the decree of the Trial court and dismissed the suit.