KIRANBALA DEBI Vs. KALI CHARAN SINGHA

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment of the learned Subordinate Judge of Berhampore dismissing her suit. The plaintiff brought her suit to recover certain properties that represent one-half of the estate originally belonging to one Shibaram Singh. Shibaram died on the 9th of August 1836 leaving a widow, Chhaya Kumari, aged about 14 years and a daughter, Foodan Kumari by a former wife. Foodan was many years older than the widow. She was married to Chait Lal Singh and had two sons, Ram Lal and Behari Lal. On the death of Shibaram his widow succeeded to his properties. By a subsequent arrangement with Foodan Kumari and Chait Lal Singh, Chhaya Kumari was left in possession of 8-annas share of the property, except one mehal which was made over to Ram Lal. The other 8-annas share in the property was made over to Foodan Kumari and Chait Lal Singh.

(2.) The present suit relates to the 8-annas share of the property retained by Chhaya Kumari. The defendants Nos. 2 to 6 are in possession of the property No. 11 in schedule ha to the plaint under a purchase from Chhaya Kumari. The rest of the properties sued for are in the possession of the defendant No. 1. He claims them as heir of his father Nilkanta who, it is alleged, was adopted by Chhaya Kumari. Nilkanta was a son of Copal Sundari, a daughter of Foodan Kumari. The plaintiff is the widow of Shayama Charan Singh who was the so not Annapurna, another daughter of Foodan. It is not denied that if no son had been adopted to Siva Ram, the present plaintiff in the events that have happened would be entitled to the estate of Shibaram.

(3.) The plaintiff questions the alleged adoption of Nilkanta on the following grounds, first, that there was no such adoption in fact, secondly, even if there were, Shibaram gave no authority to Chhaya Kumari to adopt and, thirdly, the adoption would be void even if authority had been given to Chhaya Kumari, as Nilkanta s natural mother could not have married Shibaram if she had been a maiden.