Judgement

Law. Rep. 19 Ind. App. 101 ( 1891- 1892) Bireswar Mookerji V. Ardha Chunder Roy Chowdhry

25

TWO appeals from a decree of the High Court (May 21, 1886), which substantially affirmed a decree of the Subordinate Judge of the 24 Pergunnahs (Jan. 9, 1884).

The litigation related to the property of a family claiming descent from one Gouri Churn Chowdhry, who died in the Bengali year 1207 (1800-1 A.D.).

The facts are stated in the judgment of their Lordships.

There were two suits, one of which was brought by Gobind-Mohini Debi, and the other by Ardha Chunder Roy Chowdhry for the purpose of ascertaining the rights of the parties in the property in suit and consequential relief.

Gouri Churns estate vested, in the events which had hap pened, in the representatives of four of his sons. The main questions in the appeal related to the rights, inter se, of the descendants of two out of these four sons, viz., Prankrishna and Radha Krishna. Those questions were, first, as to the validity of the adoption of Ardha Chunder, one of Radha Krishnas two sons, by Juggut Chunder, a son of Prankrishna; second, in case of the invalidity of such adoption, whether he took, in addition to a moiety of