PUDMA COOMARI DEBI Vs. THE COURT OF WARDS

JUDGEMENT

(1.) THE suit in this case was brought by Joy Kishore Surma Chowdhry against Ram Kishore Acharjia Chowdhry and Gogun Chunder Chowdhry, for the possession of certain zemindaries, talooks, and other properties mentioned in the schedules to the plaint, which formerly belonged to Bhowani Kishore Acharjee Chowdhry, who died without issue on the 28th of August, 1840, leaving a widow, Bhoobunmoyi. Joy Kishore having died during the suit, his widow, the first Appellant, was made a party to it in his place.

(2.) THE property in dispute originally belonged to Gour Kishore, ( who died in 1821, leaving Bhowani Kishore, his only son, and a widow, Chundraboli, the mother of Bhowani. Chundraboli was the daughter of Krishnanath and grand daughter of Ramchunder Chowdhry. The Plaintiff, Joy Kishore, was the great grandson of Ramchunder, and he claimed to succeed as the heir of Bhowani Kishore on the death of Chundraboli, who had succeeded to the estates on the death of Bhoobunmoyi in 1867, and died in April, 1870.

(3.) IN December, 1843, Bhoobunmoyi professed to exercise the power alleged to be given to her by the instrument already referred to, and adopted a boy called Rajendro Kishore. Thereupon Chundraboli alleged that the supposed will of Bhowani Kishore was a forgery, and had not been made till after his death, and that Bhoobunmoyi had no power of adoption, and in May, 1844, she adopted, or professed to adopt, Ram Kishore, the first original Defendant, as the son of Gour Kishore, her late husband. The first of the now Respondents is his minor son.