Judgement

Appeal (No. 55 of 1920) from a judgment and decree of the High Court (September 12, 1918) affirming a decree of the District Judge of Ganjam.

The suit was brought in 1916 by the appellant, claiming to be the adopted son of Brojo Kishore Deo who died on September 3, 1906, to obtain possession of the estate. The deceased was a Hindu governed by the Mitakshara, and on August 14, 1906, had executed a document headed by a statement that it was a will in favour of the executants wife, and proceeding in the terms set out in the judgment of the Judicial Committee. In 1915 the widow adopted the appellant to her deceased husband. The power to adopt, according to the case made in the plaint, was given orally, also by the document above mentioned. The defendant by his written statement denied that any authority to adopt was given, and contended that the document was not a will but a mere power to adopt, and as such required registration under s. 17 of the Indian Registration Act, 1877 ; he pleaded further [@ page

Law. Rep. 48 Ind. App. 482 ( 1920- 1921) Jagannatha Bheema Deo V. Kunja Behari Deo

239

LRIA 483] that the estate had vested in him before the adoption was made and was not d