Judgement

Appeal (No. 69 of 1947) from a judgment and decree of the High Court in its civil appellate jurisdiction (April 5, 1946) which affirmed a judgment and decree of that court in its original civil jurisdiction (March 28, 1945).

The following facts and statutory provisions are taken from the judgment of the Judicial Committee. This appeal arose out of a suit by way of originating summons instituted by the appellant for the construction of the will of his father, the late Rai Bihari Lal Mitra. The facts were not in dispute. The testator was a wealthy Hindu governed by the Dayabhaga School of Hindu law. He died on February 7, 1933, leaving him surviving his widow, Sreemutty Nayani Mitra, his only son, the appellant Aniruddha Mitra, and the wife of the appellant, Sreemutty Nivanani Mitra. At the time of the testators death the appellant and his wife had no children. On July 4, 1934, the appellant took the second respondent, Arabinda Mitra, in adoption as his son. He was born on October 19, 1932. On July 5, 1931, the testator executed his last will whereby he appointed the first respondent, the Administrator-General of Bengal, his sole executor with liberty to make over the prope