SASANKA BHUSAN CHOWDHURY Vs. GOPI BALLAV MONDAL

JUDGEMENT

(1.) This is an appeal from the decision of the learned Subordinate Judge of Murshidabad, in til suit for possession, on declaration of the plaintiffs title to the properties in suit. Plaintiffs 1 to 3 claimed to be the reversionary heirs of one Indu Bhusan Chowdhury, the adopted son of Sasi Bhusan Chowdhury. Plaintiff 4 claimed title to the properties in litigation as the purchaser of one-fourth share of the same from the first three plaintiffs. The history of the title on which the claim in suit was based may be briefly stated: One Sasi Bhusan Chowdhury died on 7th January 1908, without issue, but leaving two widows surviving him, Basanta Kumari Chowdhurani and Raseswari Chowdhurani. By a will dated 3 August 1907, Sasi Bhusan Chowdhury appointed the widows as executrices. There was a provision made in the will for adoption of sons by the widows. The elder widow Basanta Kumar Chowdhurani adopted a son, Indu Bhusan Chowdhury, on 22 July, 1909, after probate of the will of Sasi Bhusan Chowdhury was obtained by the executrices under the will on 22 July, 1908.

(2.) The adopted son attained majority on 8 April 1923; and according to the terms of the will the properties left by Sasi Bhusan Chowdhury were made over to the adopted son. Thereafter the adopted son died unmarried on 20 February 1925. The junior widow Reseswari Chowdhurani then adopted Sasanka Bhusan Chowdhury, the defendant in the suit, on 26 April 1926. Basanta Kumari Chowdhurani, the elder widow who had adopted Indu Bhusan Chowdhury under the terms of the will of Sasi Bhusan Chowdhury, died on 27th December 1925. According to the plaintiffs, the adopted son Indu Bhusan Chowdhury having died while in possession of the estate of his father Sasi Bhusan Chowdhury in absolute right as his father's heir, and having died unmarried, the adoptive mother Basanta Kumari Chowdhurani inherited the estate of Sasi Bhusan Chowdhury, mentioned as the Dengapara Estate in the proceedings, as the only heir of Indu Bhusan Chowdhury. The aforesaid Basanta Kumari Chowdhurani having died, plaintiffs 1 to 3 were the reversionary heirs of Indu Bhusan Chowdhury as his nearest sapinda agnates, and were entitled to have their title to the properties in litigation a declared, as such heirs, on the footing that the adoption of the defendant Sasanka Bhusan Chowdhury by Raseswari Chowdhurani was invalid. It was asserted by the plaintiffs that Raseswari Chowdhurani could not validly adopt a son under the terms of the will of her husband Sasi Bhusan Chowdhury, as the authority to adopt so far as Raseswari Chowdhurani was concerned came to an end as soon as Basanta Kumari Chowdhuri, the senior widow of Sasi Bhusan Chowdhurani, inherited his estate, as heir of the deceased adopted son Indu Bhusan Chowdhury.

(3.) The claim in suit was resisted by the defendant Sasanka Mohan Chowdhury, the son adopted by Raseswari Chowdhurani; and the issue, as stated by the Judge in the trial Court, on which the parties fought the litigation was issue 3 raised for determination in the suit, on the pleadings of the parties concerned: Is the adoption o? the defendant by Raseswari Chowdhurani invalid in law and void? Had Raseswari Chowdhurani power to take the defendant in adoption? Did the authority to adopt if given by Raseswari Chowdhurani's husband become incapable of execution, and did such authority come to an end as soon as the Dengapara Estate became vested in or possessed by Indu Bhusan Chowdhury's mother Basanta Kumari Chowdhurani?