LAWS(PVC)-1892-3-6

BIRESWAR MOOKERJI AND OTHERS; SHIB CHUNDER ROY Vs. ARDHA CHUNDER ROY CHOWDHRY AND OTHERS AND; GOBIND MOHINI DEBI

Decided On March 05, 1892
Bireswar Mookerji; Shib Chunder Roy Appellant
V/S
Ardha Chunder Roy Chowdhry And; Gobind Mohini Debi Respondents

JUDGEMENT

(1.) THE first three Appellants in the first of these appeals-Bireswar Mookerji, Sureswar Mookerji, and Shib Pershab Banerji-are the grandsons of Juggut Chunder Roy Chowdhry, who died on the 19th of October, 1869. He left two daughters, one, Hemangini, the mother of the first two grandsons, and the other, Ushamoyi, the mother of the third. The other two Appellants are the daughters' husbands and guardians of their sons. The Respondents, Ardha Chunder and Shib Chunder, are the sons of Radha Krishna, an uncle of Juggut Chunder, who died in August 1865. The third Respondent, Bama Soondari, is the widow of Tejas Chunder, the son of Gopi Krishna, another uncle of Juggut Chunder, and the Respondent Gobind Mohini is the widow of Sri Krishna, another uncle. Pran Krishna, the father of Juggut Chunder, Gopi Krishna, Radha Krishna, and Sri Krishna were four of the sons of Joygopal Roy, who died in 1826-27. He left three other sons who all died before Juggut Chunder, and their shares in his property became vested in the four sons above named.

(2.) ONE of the suits, which are the subjects of the first of these appeals, was brought by Ardha Chunder against Shib Chunder and the other persons who are parties to the appeal, and also against Kadumbini, the widow of Juggut Chunder, and Horendra, hie granddaughter, the sister of Bireswar and Sureswar.

(3.) AT the hearing before their Lordships the learned Counsel for Ardha Chunder did not rely upon the adoption. It was contrary to Ardha Chunder's interest to do so, as 8Mb Chunder, his natural brother, in his written statement, alleged that Ardha Chunder being the legally adopted son of Juggut Chunder had no right and share in the estate left by his natural father Radha Krishna. It was contended by Mr. Arathoon, who appeared for Shib Chunder, that the adoption was valid, and this question had better be first determined.