VIJAYSINGJI CHHATRASINGJI THAKOR Vs. SHIVSANGJI BHIMSANGJI THAKOR

JUDGEMENT

(1.) SHADI Lal, J. The property, which is the subject-matter of the dispute in the appeal, is an impartible taluqdari estate called Ahima estate. It is situated in the Kaira district of the Bombay Presidency, and the parties are agreed that the succession to the estate is governed by the rule of lineal primogeniture, and that females are excluded from inheritance.

(2.) THE relationship of the persons concerned in the dispute is shown in the following pedigree table : Narsangji | | | Rupaliba=himatsangji=surajba | (died 1888) | | | Chandrasangji | (died 6-4-1899) | = widow Kesarba, defendant No.2 | adopted Mansangji, defendant | No.3, on 15-9-1917. | | | Chhatrasingji | defendant No.1, went in adoption | to Bharmaria on 2-8-1915 | = | wife Dolatba, defendant No.4. Bhimsangji| plaintiff| (died on 22-1-26)| || | Bajuba (born before the | adaption of defendant No.1) | defendant No.5. |-----------------------------------| | Shivsangji Laxmansangjiadded legal representative of defendant No.6 deceased plaintiff.

(3.) THEREUPON, Kesarba, the widow of Chandrasangji, adopted Mansangji as a son to her deceased husband ; and the factum of this adoption, which was made on September 15, 1917, is no longer a matter in controversy between the parties. Its validity, however, raises an important issue which their Lordships have to determine.