Judgement

Appeal (No. 30 of 1943) from a decree of the High Court (December 18, 1941) which reversed a decree of the Court of the District Judge, Chhindwara (September 30, 1938).

The suit out of which this appeal arose was brought on July 28, 1937, by the appellants, the sisters and reversioners of one Atalsingh, who died in 1918, a member of the Raghubansi caste, who lived in the Chhindwara district of the Central Provinces, claiming a declaration that they were entitled to all the property left by Atalsinghs widow, who had remained in possession of her husbands property until her death in 1937. The respondent (defendant) claimed the suit property as the son adopted to Atalsingh by his widow in 1935, and the main question in this appeal was whether there was a custom in the Raghubansi caste that a widow can adopt a son to her deceased husband without his authority.

The trial court held that there was no such custom, but, on appeal, the High Court (Stone C.J. and Bose J.) held that there was such a custom.

The facts appear from the judgment of the Judicial Committee.

1944. July 3, 4. Sir Thomas Strangman K.C. and Wallach for the appellants. The parties are governed by the Benares (