Judgement

Appeal from a decree of the High Court (August 13, 1887), reversing a decree of the Subordinate Judge and Deputy Commissioner of Goalpara (July 27, 1886).

The subject of dispute was the estate of Juggut Chunder Butt, who died childless on the 5th of April, 1867, leaving as his heiress his widow, Bama Soondari Gupta, who died on the 7th of July, 1877.

This estate the Appellant claimed as next reversionary heir of Juggut Chunder Dutt at the time of the death of Bama Soondari, and alleged by his plaint that the Respondent, who was in possession of all, or nearly all, that estate as a son of Juggut Chunder Butt, adopted by Bama Soondari, under an alleged power from her husband, was not in fact or law such adopted son, as Juggut Chunder Butt had not left any power to adopt, and Bama Soondari had never adopted the Respondent.

The substantial questions raised on the issues were firstly, Was the Plaintiff the next reversionary heir of Juggut Chunder Butt at the death of Bama Soondari, and as such entitled to challenge the title of the Defendant, who was in admitted possession ? And, secondly, Supposing that the Plaintiff succeeded in proving his pedigree, was the Defendant the va