PANCHANON MAJUMDAR Vs. BINOY KRISHNA BANERJEE

JUDGEMENT

(1.) A Hindu widow before making an adoption made an agreement with the natural father of her prospective adopted son that she was to receive a certain amount for her maintenance and a certain amount for the marriage of her relations: and Rs. 25 per mensem each was to be paid to her brother s son and grandson during their lifetime. These amounts were regularly paid so long as the widow was alive but on her death payment was stopped by the guardian appointed by the District Judge. The present appeal arises out of a suit by the brother s grandson of the widow for enforcing the contract against the adopted son. Both the Courts below have dismissed the suit. Hence this appeal.

(2.) The plaintiff s case was that the allowance was sanctioned by the Will of the defendant s adoptive father--that he and his uncle were receiving their allowances from before the adoption and the giving of the allowance was the condition on which the adoption was made and would not have been made but for it.

(3.) The defendant s plea was that he was not bound by the contract of his father.