MT. CHUNNIBAI MADHORAM Vs. GIRDHARI LAL CHUNNILAL

JUDGEMENT

(1.) THE dispute in this appeal relates to the factum and legality of the plaintiff's adoption as a son by Madhoram, the husband of the defendant, who died in January 1924. In order properly to appreciate the pleadings and the evidence it is necessary to set out the following two genealogical trees of the families of the parties: (For geneological trees see page 2)

(2.) THOUGH , in the course of the pleadings, the fact was denied, it was admitted before us that Madhoram, of the first pedigree, was a cousin of Chunilal of the second pedigree. The parties admittedly belong to the sect of Maheshwari Vaishyas and have their original home at Pohkaran in the Jodhpore State. Ganeshram and Chunnilal migrated to these provinces about 60 years ago. The former settled down in the capital of Rajnandgaon State, but also carried on business in the Drug District of these provinces, where he acquired considerable properties which are the subject matter of the present litigation. (I) Ganeshram ____________________________________|_______________________ | | | Laduram Jethmal Madhoram=Mt. Chunnibai | | | defendant (D.W. 48) adopted (a) Girdharila, plaintiff (P.W. 18). (II) _________________________________________|_________________________________ _____ | | | Mt. Barjobai=Chunnilal Uttamchand Agyaram (P.W. 45) | | | _____________|_____________________________ adopted adopted | | | | (b) Khemraj (c)Mohanlal Nainchand Girdharilal Khemraj Mohanlal (P.W. 54) (P.W. 1) Plaintiff (a) (b) (c)

(3.) PARAGRAPH 5 of the plaint states that: The plaintiff and his brother Nainchand went to Rajnandgaon as stated above, and Seth Madhoram fixed mitti jeth badi 13, samvat 1977, corresponding to 16th May 1920, for performing the adoption ceremony. On that date' according to Dharm Shastra the plaintiff's elder brother Nainchand on behalf of the plaintiff's mother and Seth Madhoram himself and his wife, on their side, performed all the rites of adoption. All the particulars about the adoption, were caused to be entered in a book and the signatures of some respectable persons were taken. The plaintiff's name was caused to be entered as that of (Seth Madhoram's) son in the genealogy of the Bhats. Seth Madhoram thus adopted the plaintiff as his son and kept him joint with him. He (Seth Madhoram) caused his name to be entered as that of the plaintiff's father whenever necessary.