CH BHUNESHWAR PRASAD SINGH Vs. BRIJMOHAN SINGH

JUDGEMENT

(1.) This is an appeal by defendant 1 against the decision of the learned Subordinate Judge of Arrah, dated 10 October 1936, decreeing in part the suit instituted by the plaintiff-respondent to recover his dues on the basis of three mortgage bonds, all of the year 1929.

(2.) A brief narration of the facts is necessary to understand the points in controversy between the parties. One Tribeni Prasad, the admitted owner of the estate including the properties covered by the mortgages in suit, died on 13th January 1916, leaving behind him three widows Mt. Sahodra Kuer, Mt. Jageshra Kuer and Mt. Dhana Kuer. In February 1916, the first two senior widows applied for registration of the name of the appellant in the Land Registration Office on the allegation that he was adopted by Tribeni Prasad just before his death. The application was opposed by Mt. Dhana Kuer who denied the story of adoption set up by the other two widows. In July 1916, the two senior widows put in a petition to the Land Registration Deputy Collector withdrawing their application under Section 42 alleging that in a summary procedure the claim of adoption cannot properly be adjudicated. The Court was struck with the peculiar position adopted by these two ladies but failed in inducing them to give evidence as to the actual adoption. The two ladies stated that they did not wish to give any evidence in support of adoption nor did they deny it in toto. In these circumstances the Court held upon the materials, as were available to him, that there had been no adoption that the plea so set up was false, mischievous and vexatious and in the result ordered the registration of all the three widows as legal heirs of their deceased husband.

(3.) No question of actual possession arose because the dispute as to succession had started immediately on the death of the last proprietor. The Court therefore in exercise of his power under Section 55, Land Registration Act, summarily determined the right of possession in favour of the three widows and ordered the entry of their names in the land registration department by his order dated 21st July 1916. The three widows then continued jointly in possession of the estate of their deceased husband, but by the year 1928 the two senior widows had died and Mt. Dhana Kuer was in sole possession. The appellant having come to age, instituted a suit (Title Suit No. 18 of 1929) on 25 February 1929, for a declaration of his status as an adopted son and for recovery of possession of the entire estate including the properties which are the subject of the mortgage bonds in this appeal. In that action he made as defendants Mt. Dhana Kuer and the reversioners of Tribeni Prasad, his alleged adoptive father.