HARANUND CHETLANGIA Vs. RAM GOPAL CHETLANGIA

JUDGEMENT

(1.) THE plaintiff, now appellant, is suing to recover a share of the estate of Ram Buksh, who died about the year 1884. He alleges that Chuni Bibi, Who was the widow of Shib Narain, the eldest son of Ram Buksh, adopted him to Be the son of her husband after his death, which took place in the year 1877. It is not disputed that in point of form the adoption took place; but the defendants deny that Shib Naraia gave his widow any authority for that purpose. Unless the plaintiff can prove that she had such authority, his suit must fall. It has failed in both the Courts below, and at this Bar the argument has been confined to the one question: Had the widow authority to adopt, or not?

(2.) THE Subordinate Judge dismissed the suit on another objection, which need not now be dwelt on. In the High Court Mr. Justice Prinsep throws serious doubt on the evidence given to prove that Chuni Bibi had authority, but he does not rest his own judgment finally on that ground. He considers that the parties are governed by the law of their domicile, which is in the State of Jeypore, and that in Jeypore there prevails a local custom to the effect that a widow cannot adopt without permission both from her husband and from the head of the family, for the time being. Ram Buksh was the head of the family, and so far from permitting the adoption, he strongly opposed it.

(3.) BESIDES the evidence of Chuni Bibi herself, Mr. Branson has laid before their Lordships the evidence of four witnesses: three of them being uncles of Chuni Bibi, and the other a cousin. It is very far from precise. With regard to three of these witnesses, named Rurmal, Bridhi, and Chotalal, what they say rather suggests that Shib Narain was desirous that a boy should be brought to himself for adoption, preferably by his father Ram Buksh, and failing his father should be brought by his wife. The language ascribed to him is not that of a man conferring an important authority on his wife. The other witness, Sadasak, speaks more definitely of permission. His evidence-in-chief is as follows: About a month and-a-half after Shib Narain's coming to Calcutta, one day, at about 11 or 12 o'clock of the day, I was seated near Shib Narain, when Chuni Bibi seeing Shib Narain vomit a large quantity of blood, began to cry. Upon this Shib Narain said, 'My father said that he will get you a boy, if ha does not get you a boy, you take a boy and preserve my family (name) I give you permission.' Shib Narain said this to Chuni Bibi in the presence of every one.