Judgement

Appeal from a judgment and decree of the High Court (December 15, 1909) reversing a judgment and decree of the Subordinate Judge of Mainpuri (May 18, 1908).

One Gandharp Singh, a wealthy Brahman, died childless in November, 1898, leaving him surviving as his sole heir according to Hindu law his widow, the first respondent. On June 17, 1902, she executed a deed by which she declared that, with the oral permission of her late husband, she had adopted the second respondent, who was her brothers son and then about twelve years of age.

On June 17, 1907, the appellants instituted the suit, claiming to be reversionary heirs of Gandharp Singh, and praying for a declaration that the alleged adoption was invalid.

The Subordinate Judge held that the ceremony of adoption did in fact take place, but neither at the time nor with the publicity alleged by the respondents, and without the authority of Gandharp Singh. While recognizing that it was his duty to follow the decision of the High Court in Jai Singh Pal Singh v. Bijai Pal Singh (I. L. R. 27 Allah. 417.), in which it was held that a widow could validly adopt her brothers son, the learned Subordinate Judge, upon an elaborate discus