Judgement

Appeal from two decrees of the High Court (Sept. 4, 1889, and Feb. 25, 1890) reversing a decree, so far as it was favourable to the Appellant, of the Subordinate Judge of Pubna and Pogra (June 14, 1887), and dismissing the Appellants suit as barred by limitation.

The facts are stated in the judgment of their Lordships.

The first Court held that the Plaintiff had a good title as adopted son, and that the Defendant had no title, either by adoption or estoppel, or as the son of his adoptive mother. He held upon the construction of the anumati patra that it was a will which conferred life estates upon Shib Narain’s mother and his widows successively, with remainders in fee to the adopted sons ; and that this disposition was not revoked by the subsequent acts of Shib Narain in the matter of the Plaintiffs adoption, or by the conduct of the widows in applying for a certificate. The result, therefore, would be, that the Plaintiffs right to one moiety held by Tripura did not arise till her death in 1884, and was therefore not barred by arts. 140, 141 of Act XV. of 1877, nor by art. 129 of Act IX. of 1871, as interpreted by the Judicial Committee in Jagadamba Chwdhrani v. Dakhina