KUNWAR BASANT SINGH Vs. KUNWAR BRIJRAJ SARAN SINGH

JUDGEMENT

(1.) These are consolidated appeals from four decrees of the High Court of Judicature at Allahabad, dated January 16, 1929, which substantially reversed a decree of the Additional Subordinate Judge of Meerut, dated March 2, 1925.

(2.) The property in suit is the Sahanpur estate, situated in the District of Meerut, and the last male holder was Kunwar Khushal Singh, a Hindu Jat, who died on August 6, 1879, leaving surviving him a widow, Rani Raghu-bir Kunwar, who died on November 24, 1920. The present suit was instituted on May 1, 1923.

(3.) The right of succession to the estate lies between the plaintiff-appellants Nos. 1 to 5, who are now admitted to be the nearest; reversioners, and the original respondent in the leading appeal, Kunwar Brijraj Saran Singh, defendant No. 1 in the suit, who is now deceased, and whose representative is now respondent, Defendant No. 1 was in possession, and claimed as adopted son under an adoption made by the said Rani on April 13, 1903. The fact of the adoption is not disputed, but its validity is challenged by the appellants, and this forms the main issue in the appeal. The remaining plaintiffs and defendants claim under rights derived from plaintiffs Nos. 1 to 5 and defendant No. 1 or Rani Raghubir Kunwar respectively, but no separate question arises as to their lights, unless the appeal succeeds.