Judgement

Appeal (No. 133 of 1923) from a decree of the Court of the Judicial Commissioner (March 12, 1920) reversing a decree of the Court of the Additional District Judge of Amraoti.

The suit was brought by the respondent, a minor suing by her guardian, to recover from the appellant the movable and immovable property of her father, Ramdhan, a Hindu of the Agarwalla caste, who died on June 14, 1914. The appellant, who had taken possession of R.s property, alleged that he was the adopted son of Joharmal, a deceased brother of Ramdhan, and that the property in suit had been the joint property of the two brothers.

The facts appear from the judgment of the Judicial Committee.

The Additional District Judge held that the alleged adoption was established. He found that the appellant had been given in adoption by his mother in 1903; he also found that the brothers were joint in estate. He accordingly dismissed the suit.

On appeal to the Court of the Judicial Commissioner the decree was reversed. The learned judges held that there had been no giving or taking of the appellant in adoption, and that no estoppel arose. The Court decreed that the defendant should deliver to the plaintiff posse