BABU BRIJMOHAN SINGH Vs. CHOUDHURY BHUNESHWAR PRASAD SINGH

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council against a decree passed by this Court reversing the decree of the trial Court and dismissing the plaintiff's suit under the following circumstances

(2.) One Tribeni Singh had died on 13 January 1916 leaving behind him three widows including Mt. Dhana Kuer. In February 1916 two of the widows (who will hereafter be referred to as the senior widows) applied for the registration of the name of Bhuneshwar Prasad Singh, (respondent l) in the land registration office on the allegation that he had been adopted by Tribeni Singh just before his death. The application was opposed by Dhana Kuer who alleged that the respondent had never been adopted.

(3.) In July 1916 the senior widows withdrew the application which they had made in the land registration office mainly on the ground that in a summary proceeding the claim of adoption could not be properly adjudicated. The land registration officer, however, held upon the materials before him that there had been no adoption and ordered the registration of all the three widows including Dhana Kuer as the legal heirs of their deceased husband. Thereafter the three widows continued to be in joint possession of the estate of Tribeni Singh until 1928 when the two senior widows died and Mt. Dhana Kuar was left in sole possession of the estate. Meanwhile the respondent had attained majority and on 25 February 1929 he brought a suit to recover possession of the estate on the ground that he was the adopted son of Tribeni Singh. The suit was decreed and the Court declared on 4 June 1932 that the appellant was the duly adopted son of Tribeni Singh.