GOPAL DAS Vs. THAKURJI

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs from a decree of the High Court at Allahabad dated October 3, 1935, affirming a decree of November 7, 1930, by which the Subordinate Judge at Benares dismissed the suit.

(2.) THE plaintiffs claim as reversioners of one Parshotam Das who died in 1883, a Hindu governed by the Benares school of law. HARISH CHANDRA (d. August 16, 1856)=Manki Bahu (d. June 1, 1893)| | || |Hiran Bibi Mukandi Bibi Punno Bibi Adopted in 1860Jagannath Das =Raghunath Das (defendent No.2)Parshotam Das | | =Mannu Lal (d.December 1883)Krishna Das alias Baijnath Das=Bindeshri Bahu Chhuttu Lal (defendent No.3) (d. August 27, 1916)(defendent No.4) | | ||Mohan Bibi Sohan Bibi (defendent No.5) (defendentNo.6) =Baldeo Das (d.). =Mukandi Lal | ||Gopal Das Baldeo Das (plaintiff No.1)(plaintiff No.2)

(3.) FROM petitions made by Manki Bahu to the Agent of the Governor General in the years 1860 and 1871, she is seen to have claimed from the first that the adoption of Parshotam Das was the subject of special stipulation to the effect that she should retain all her rights in her late husband's property and even that its disposition after her death should be within her control. Such stipulations may be assumed to have been invalid as against a minor, but Parshotam Das could when he came of age assent to any stipulation made by her or make any new bargain with her.