AMARENDRA MAN SINGH BHRAMARBAR Vs. SANATAN SINGH

JUDGEMENT

(1.) This appeal raises an important question with regard to the validity of an adoption by a Hindu widow The facts upon which the decision turns may be stated quite shortly. The issue involved is as to the right of succession (using the word in its widest significance) to the Dompara Raj, an impartible zamindari in Orissa. The early history of the Raj is dealt with at length in the judgments below, and it is unnecessary to refer to it for the purposes of this appeal. The parties are kshatriyas by caste, and are governed, apart from special family custom, by the Benares school of the Mitakshara law. The following pedigree will show the relationship of the persons to whom reference will have to be made, the successive holders of the estate being denominated by the title of Raja :

(2.) On 20 July 1898, Raja Brajendra, being then without issue, executed a deed of which the following are the important clauses : "1. God forbid if I die without leaving any issue or if the son born of my loins or my adopted son die without leaving a son after my death, then my Rani Srimati Indumati Patmahadei shall be competent to adopt a son in accordance with rules laid down below. 4. God forbid if the sons adopted by the said Rani die, then the said Rani shall be competent to adopt sons one after the other from the Raj family of the same caste (as ours) in the aforesaid manner."

(3.) The deed was duly registered, and no dispute arises as to either its authenticity or interpretation. Some time in or about the year 1902 a son was born, Raja Bibhudendra, who succeeded to the estate on his father's death in 1903. It then came under the superintendence of the Court of Wards, and so remained till the death of Bibhudendra which occurred on 10 December 1922. He died unmarried at the age of 20 years and six months, and was therefore in the view of the law a minor : S. 3, Majority Act 1875, as amended by Act 8 of 1890. He was also incompetent, without the consent of the Local Government, either to adopt or to authorize an adoption to him : S. 61, Bengal Act 9 of 1879. A week later, on 18 December, his mother, Rani Indumati, adopted Amarendra, who was then (and still is) a minor. The Court of Wards remained in possession of the estate, apparently on his behalf. It was then claimed by Banamali, a sapinda of Bibhudendra several degrees removed, who disputed the validity of the adoption. He filed his suit on 23-06-1924, in the Court of the Subordinate Judge of Cuttack, impleading Amarendra and the Rani, and succeeded in both the Courts in India. Various matters were raised at the trial which are not now in issue, the only question before the Board being as to the existence of a family custom by which females are excluded from succession, and as to the adoption. The parties are agreed that if the custom is established and the adoption inoperative, Banamali was entitled to the estate as the nearest reversioner. He died pending the appeal to the High Court and is now represented by the respondents.