PUTTU LAL Vs. MUSAMMAT PARBATI KUNWAR

JUDGEMENT

(1.) This is an appeal by the plaintiffs from a decree of the High Court of Judicature at Allahabad, dated the 15th December 1909, which reversed a decree of the Subordinate Judge of Mainpuri, and dismissed the suit with costs.

(2.) The plaintiffs brought their suit in the Court of the Subordinate Judge of Mainpuri on the 15th June 1907 to have it declared that Jwala Parshad, who is a defendant and one of the respondents, was not the adopted son of one Tiwari Gandharp Singh, deceased, who had been the husband of Musammat Parbati Kunwar, who is the other defendant and respondent. The adoption which is impugned was made by Musammat Parbati Kunwar in March 1899 to her deceased husband, Tiwari Gandharp Singh, who had died on the 9th November 1898 without issue surviving him, and had been a Brahmin. Jwala Parshad was the son of a brother of Musammat Parbati Kunwar. The plaintiffs, who claimed as reversioners, denied that Jwala Parshad had been in fact adopted, and alleged that Tiwari Gandharp Singh had not given to Musammat Parbati Kunwar authority to adopt Jwala Parshad to him, and further alleged that Jwala Parshad, being a son of a brother of Musammat Parbati Kunwar, was in law ineligible for adoption by her as a son to her deceased husband.

(3.) The Subordinate Judge framed six issues; two only of the issues are now of importance. It was concurrently found by the Courts below that the adoption was in fact made. The two issues which have to be decided in this appeal are as framed by the Subordinate Judge:- (4) Did Gandharp Singh give permission to his wife to adopt Jwala Parshad ? (6) Is the adoption invalid, inasmuch as the boy is the son of the adoptive mother s brother ?