PRAN GOPAL GOSWAMI Vs. CHANDRA MOHAN CHAKRABARTY

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of possession of the properties in dispute on establishment of the plaintiffs title thereto, and for other reliefs.

(2.) The plaintiffs case is that the properties belonged to one Golap Lal, and one Nobin Kishore was the adopted son of Golap. Nobin Kishore had no child of his own. In 1274 he left for Brindaban to reside there. Before leaving for Brindaban he executed a deed (Angikarpatra) dated the 14 March 1868 by which he made over the management of his estate to two of his disciples Gour Gobinda and Joy Chandra, and gave his wife Jadumani authority to adopt 5 sons in succession. He returned from Brindaban in 1869, and on the 27 November 1869 Gour Gobinda and Joy Chandra by a deed gave up the properties to Nobin Kishore. Nobin died in 1870, and about 15 years afterwards, on the 14 August 1885 Nobin's widow Jadumani adopted one Ram Krishna. The adopted son lived for about 5 years after the adoption and died in 1890. Jadumani died on the 12 June 1906. The plaintiffs Nos. 1 and 2 claim the properties as the sons of the maternal uncles of Ram Krishna (brothers of Jadumani.) The defendants who belong to the family of Nobin applied for letters of administration to his estate. The plaintiffs opposed the application, but were unsuccessful, and letters of administration were granted to the defendants on the 21 August 1906. The plaintiffs Nos. 1 and 2 executed a conveyance of a 12 annas share of the properties to the plaintiff No. 3, on the 9 January 1913, and the present suit was instituted on the 26 February 1913.

(3.) The defence, shortly stated, was that Nobin was not the adopted son, but the Palak Putra of Golap Lal, that Ram Krishna was not adopted by Jadumani, and even if adopted the adoption was not validly made, as the authority to adopt was coupled with conditions which had not been complied with, that the defendants were sapindas of Nobin Kishore and were the heirs, and lastly that the properties were debutter and could not be alienated in favour of a stranger such as the plaintiff No. 3. At the trial, the factum of adoption of Ram Krishna was not denied. The Court below held that Nobin was the adopted son of Golap Lal, that the genealogy set up by the defendants was not proved, and that Ram Krishna's adoption was valid. Accordingly a decree was made in favour of the plaintiffs. The defendants have appealed to this Court.