DHARAM KUNWAR Vs. BALWANT SINGH

JUDGEMENT

(1.) The appellant is the widow of one Raja Raghubir Singh, and she sued the defendant in the Court of the Subordinate Judge of Saharanpur to obtain a declaration that she had not adopted him as a son to her deceased husband, and that if, in fact, any ceremony of adoption had been performed, it was invalid, owing to the absence of authority on her part from her husband to make such adoption. She further prayed that a document purporting to be a deed of adoption, dated the 13th of January, 1899, should be declared void as being executed by her without such authority as aforesaid.

(2.) The Subordinate Judge dismissed the suit with costs and the High Court of Allahabad confirmed his decree.

(3.) Raja Raghubir Singh was the owner of the extensive Landhaura estate or raj in the district of Saharanpur, in the United Provinces. He died on the 23rd of April, 1868, at the age of 20 years, leaving the appellant, the Rani, his widow and sole heir. She was then only 14 years old, and enceinte. Raghnbir Singh was a religious man and was desirous of leaving behind him a son who should perform his shradh ceremonies and transmit to future generations the name and prestige of the Raj. When, during his last illness, he became hopeless of recovery, recognising the possibility that the child about to be born to his wife might be a girl, or might not survive, he gave formal and emphatic directions to his wife in regard to the adoption of a son. The Rani herself has pledged her word as to the nature and scope of those directions on more than one public and important occasion. She did so particularly in the deed of the 13th of January, 1899, and in her defence to the action of one Baldeo Singh, which will be hereafter referred to. In the deed, which she undoubtedly executed with full appreciation of its contents, she says: He made this will to me by way of precaution. If (God forbid) you give birth to a daughter, or if a son be born but die after his birth, I strictly order you to adopt some boy to me so that he might perform my shradh ceremony and yours, and perpetuate my name, and after your death become the absolute owner and possessor of the whole of my estate. If (God forbid) the son who might be adopted under this authority should die in your life-time, you Will have power to adopt another boy.