Judgement

Appeal (No. 91 of 1931) from a decree of the High Court (August 12, 1930) which reversed, so far as material to the present appeal, a decree of the Subordinate Judge of Dacca (November 28, 1927).

The plaintiff-respondent was the widow of Jadu Nath, who died in 1906. He was one of three sons of Madan Mohan, the family being undivided and governed by the Bengal school of Hindu law. Madan Mohan died in 1913. He was survived by his son Rajani Kanta Pal (the appellant), and by his son Murali, who died in 1926 and was represented by his executor, the appellant ; neither son had issue. In 1904 Jadu Nath had been formally adopted by his paternal uncle, Jaga Mohan, a registered deed of adoption being signed by Madan Mohan, Jaga Mohan, and Jadu Nath. At that time Jadu Nath was of age and married to the respondent, and she was with child.

In 1925 the respondent instituted the present suit claiming maintenance from Jaga Mohan, or alternatively from the appellant and his brother (since deceased), the alternative claim being made in case the adoption was held to be invalid. The receiver in a partition suit, which had been brought in or about 1910 by Jaga Mohan against Madan Mohan, was