ABHIRAJ KUER Vs. DEBENDRA SINGH

JUDGEMENT

(1.) Can a wife's sister's daughter's son be validly adopted to a person governed by the Banaras School of the Mitakshara Hindu Law That is the main question raised in this appeal brought on a certificate granted by the High Court at Patna. The plaintiffs who would succeed to the properties left by Babu Ram Singh on the death of his widow but for the adoption of Devendra Singh which this widow made on June 9, 1935, brought the present suit for a declaration that Devendra Singh was not adopted by the second defendant, Babu Ram Singh's widow and that in any case, the adoption is invalid in law and so Devendra Singh acquired no right in the properties left by Babu Ram Singh.

(2.) The main ground on which the adoption is attacked as invalid is based on the fact that Devendra Singh is Babu Ram Singh's widow's sister's daughter's son. The other ground raised in the plaint based on the plaintiff's allegation that Babu Ram Singh was governed by Mithila School of Hindu Law was negatived by the courts below and has been abandoned before us. No dispute is also raised now as regards the factum of adoption. The only question that arises in this appeal therefore is whether the adoption of a wife's sister's daughter's son is valid in law. The High Court answered this question in the affirmative and dismissed the suit. It is against that decision that the present appeal has been preferred'.

(3.) In support of his contention that such an adoption is invalid in Hindu law reliance is placed by the learned counsel on the following passage of Nanda Pandit's Dattak Mimansa: