Judgement

Consolidated Appeals from three decrees of the High Court (May 22, 1913), two of which affirmed decrees of the Court of the first Subordinate Judge of Saran, and one of which modified a decree of that Court.

The three suits out of which the consolidated appeals arose were brought in 1907 by Dhanukhdhari Prashad Singh against Musammat Bhagwat Koer and Ragheshwar Indar Sahi, whom she had purported to adopt to her deceased husband Mahabir Singh ; a second plaintiff, a purchaser to whom it is not necessary to refer further, was joined as a plaintiff in the second and third suit.

The facts giving rise to the litigation appear from the judgment of their Lordships.

The nature of the suits and the decisions arrived at by the Subordinate Judge and the High Court (which heard the three appeals together) were shortly as follows.

Suit No. 200 of 1907 was to set aside the adoption. Both Courts held that in the events which happened the adoption was not authorized by the will of Mahabir, and the adoption was accordingly set aside.

Suit No. 198 of 1907 was for a declaration that under the will of Mahabir and in the events which happened, Dhanukhdhari was entitled to immediate possession