DHARAM PRAKASH Vs. MTKALAWATI DEVI

JUDGEMENT

(1.) This is an appeal by one Dharam Prakash, minor under the guardianship of his natural mother Mt. Chandrawati, against the judgment of the Subordinate Judge of Meerut, dated 21 May 1925, decreeing the claim of the plaintiff Srimati Kalawati Devi for a declaration that Dharam Prakash, the defendant, was not the adopted son of the plaintiff and that his adoption was invalid.

(2.) Lala Ram Saran Das owned considerable property, moveable and immovable. He died in December 1896 leaving two widows, Mt. Basanti and Mt. Kalawati Devi, and a mother, Mt. Bhawan Kuer. Shortly before his death he executed a will on 6 December 1896 under which he made Mt. Kalawati the absolute owner of his entire property and gave her a right to sell, mortgage, donate or otherwise transfer the property in any way she liked. He also authorized Mt. Kalawati "to adopt, when she wished, any boy" of her choice, and if the adopted son died, he empowered her to adopt a second and a third boy in succession. He also fixed certain allowances for his mother Mt. Bhawan Kuer and his senior wife Mt. Basanti and made provision for their residence in a house known as "Mahal Sarai."

(3.) On 10 December 1896, he added an important clause to the will of which the following is the official translation: Further it is stipulated that if Mt. Kalawati should like to adopt a son, she shall not adopt any son of the relations of her family or of that of Mt. Basanti or Bhawan Kunwar. If my brother Jiwan should give his son into adoption, she should adopt him; otherwise she should adopt some other boy, and she shall not have a power to make a gift. In case of necessity Mt. Kalawati shall have power to sell or mortgage a portion of the property.