Judgement

Appeal (No. 126 of 1929) from a decree of the High Court (May 25, 1928) reversing a decree of the Subordinate Judge of Meerut (May 21, 1925).

The appellant instituted a suit against the respondent, a minor represented by his natural mother, contending that an adoption of the respondent by the appellant was invalid, and that it should be declared that a deed of adoption by her dated August 8, 1918, was void.

The facts appear from the judgment of the Judicial Committee.

The trial judge held that the adoption was invalid, as the defendant was within the class of persons who by the terms of the authority were not to be adopted ; he further held that the plaintiff was not estopped from questioning the validity of the adoption.

On appeal to the High Court (Sen and Niamat-ullah JJ.) the decision was reversed upon both points. The appeal is reported at I. L. R. 50 A. 885.

1932, Dec. 16. Sir Leslie Scott K.C. and J. Nissim for the appellant.

Subba Row for the respondent.

[Reference was made to Bhattacharyyas Hindu Law, pp. 112-116 ; Maynes Hindu Law, para. 701 ; Bhaiya Sher Bahadur v. Bhaiya Ganga Bakhsh Singh. (( 1913) L. R. 41 I. A. 1, 21.)]

1933. Jan. 12. The judgment of their