SRIMATI UMA DEVI Vs. GOKOOLANUND DAS MAHAPATRA

JUDGEMENT

(1.) THE general question raised by tins appeal is who was entitled to succeed to the estate of one Hullodhur Dass Mahapatra, an Oorya Brahman, who died in December, 1870. He left by his wife Jumoona, who predeceased him some four yours before that date, two daughters--Vina Deyi, the Plaintiff in the cause, and Parbutti Deyi, Both had been married, but Uma Deyi was a childless widow, dependent upon and living with her father at the time of his death, whilst Parbutti was and is living with her husband, a man of some substance, by whom she had had children, still living. He also left the Defendant, Gokoolanund Dass, who claimed to be his son by adoption.

(2.) IN January, 1871, the last-named person applied to the Judge of Cuttack for a certificate under Act XXVII. of 1860. His claim was resisted by Parbutti, who disputed the adoption, and also by Hurrihur Persad Dass, the great-nephew of the deceased. The Judge held that the latter had no locus standi as an objector; and as between Parbutti and Gokoolanund, decided that the latter had prima facie established his title as the adopted son of the deceased, and granted the certificate to him.

(3.) IN June, 1872, Uma Deyi instituted the present suit against Gokoolanaud and Parbutti, seeking, as between herself and the latter, to be declared the preferential heir of their father, and, impugning the adoption of the former, to recover the estate from him. The questions raised in the cause are determinable by the law of the Benares school.