RAJENDRA PROSAD BOSE Vs. GOPAL PROSAD SEN

JUDGEMENT

(1.) This is an appeal from the decree of the High Court of Judicature at Patna, dated 16 December 1927, which affirmed a decree of the Subordinate Judge at Cuttack, dated 6 August 1933, and dismissed the plaintiffs' suit with costs.

(2.) The following is the genealogical table of the family of Ram Prosad Bose, and the parties to the litigation claim to be his heirs. (For genealogical table see p. 244) Ram Prasad Bose executed a will and also an Anumatipatra in favour of his wife Alhadini Dasi on 16 February 1869. Alhadini Dasi, the widow, adopted one Krishna Prasad in the year 1885, and he died in 1909 leaving the respondent his only heir in possession of the properties claimed by the appellants. Alhadini died on 7 September 1920, and the present suit was instituted by the appellants against the respondent on 25 April 1921, praying for a declaration that the adoption of Krishna Prasad was invalid, and for the recovery of the properties in possession of the respondent and other incidental, reliefs.

(3.) There is no dispute now about the valid execution of the will or the Anumatipatra, nor is there any dispute that Krishna Prasad was in fact adopted, and that all necessary and proper ceremonies were performed at his adoption.