DAL BAHADUR SINGH Vs. BIJAI BAHADUR SINGH

JUDGEMENT

(1.) Their Lordships do not desire to hear the appellants further, for in their opinion, this appeal must succeed. It is brought against two decrees of the High Court of Judicature at Allahabad, dated 23 December 1926, both of which involve the only point that is now open for consideration, namely, whether or not power was conferred upon Mt. Sultan Kunwar by her husband Ajit Singh, to make an adoption to him.

(2.) The facts of the case are these ; Ajit Singh died in 1860, leaving Mt. Sultan Kunwar his widow. It is stated that he had anxiously hoped for heirs, but that hope had been disappointed and his widow was left without any son or daughter to comfort her. She continued in her loneliness until 1914, and on 6 October of that year she purported to adopt to her husband one Amar Bahadur Singh. It is that adoption that is in dispute. So far as documents and ceremonies are concerned it is not now impeached, the challenge is against the power to adopt and not the process by which the adoption was carried out. Consequent on the adoption the widow proceeded to obtain a mutation of names in the register, and for that purpose, of course, the fact of the adoption was a necessary piece of evidence. These proceedings were opposed by the reversioners, but the officer before whom they took place had to decide the dispute on the basis of possession and if he was unable to satisfy himself on this point then he was under an obligation to ascertain by summary enquiry as to which of the parties was best entitled to the property.

(3.) Mt. Sultan Kunwar died in or about October 1915, and litigation ensued. Finally the present suit was instituted by the reversioners against, among others, the adopted son in the Court of the Subordinate Judge, Allahabad. The Subordinate Judge on 7 July 1923, decided against the adoption; that decision was reversed by the High Court of Judicature at Allahabad, from which Court the present appeal proceeds.