AKHOY CHUNDER BACHI Vs. KALAPAHAR HAJI

JUDGEMENT

(1.) THE suit which is the subject of this appeal was brought for the rent of some property which was part of an estate formerly belonging to one Kali Krishna Lahiri. He died in 1851, having had two wives--the elder, Shama Sundari Debi, and the younger, Brahmamoyi Debi. By Shama Sundari Debi, he had one son, Koilash Chunder Lahiri, who died in 1856. After the death of Koilash Chunder Lahiri, the two widows simultaneously, as has been found by the lower Appellate Court, adopted sons. Shama Sundari adopted one Suresh Chunder, and Brahmamoyi adopted Jogesh Chunder. That adoption took place in 1859, on the 5th of June. Suresh Chunder died in 1866, and Jogesh Chunder in 1867. Some seven or eight years after the death of Jogesh Chunder, each of the two widows made another adoption, which are found by the lower Appellate Court to have been simultaneous, and no question will arise whether one was at any moment of time before the other. These adoptions were made on the 30th July 1875.

(2.) THE suit was brought by Gyanendro, the son who was adopted by the younger widow on that occasion, against a tenant of some of the land, and against Shama Sundari Debi. Norendro, the son who was adopted by Shama Sundari Debi, is not a party to the suit. The claim for rent is founded upon a lease, which was executed on the 12th February 1870, by both the widows reserving a certain rent, and there is no question now as to whether the amount for which the decree was passed is correct or not.

(3.) NOW , according to the pedigree, upon the death of Koilash Chunder Lahiri, Shama Sundari would succeed to the property as his heir; but it is contended that the widows having the authority to adopt, the adoption of Norendro and Gyanendro, if it were valid, would divest the estate from Shama Sundari Debi and also from Brahmamoyi Debi if she took an interest in it, and would make the adopted sons entitled to the estate in equal shares. So that the case really depends upon the validity of the adoptions which were made by the two widows on the 30th July 1875.