Judgement

Appeal from a judgment and decree of the High Court (April 29, 1915) affirming a decree of the Subordinate Judge of Saharanpur.

The suit was instituted by the appellants against the respondents for possession of immovable property known as the Landhaura Estate. By the plaint the first appellant claimed that he was entitled to succeed to the property as reversionary heir of Raja Jagat Prakash Singh ; it was alleged that Rani Dharam Kunwar, the mother of the said deceased Raja, had no authority from her husband to adopt the first respondent; and that the adoption was invalid by Hindu law. The respondents pleaded that the Rani had authority to make the adoption, and that the adoption was valid; further, that the question of the validity of the adoption was res judicata, in that it had been decided by the Privy Council in favour of Balwant Singh in a suit brought by the Rani at a time when she represented the estate.

The decision of the Privy Council referred to is reported at L.R. 39 I. A. 142.

The facts appear from the judgment of their Lordships.

The Subordinate Judge framed several issues, of which two only are material to this report, namely (1.) Are the plaintiffs bound