Judgement

Appeal (No. 112 of 1929) in forma pauperis from a decree of the High Court (December 16, 1927) affirming a decree of the Subordinate Judge of Cuttack (August 6, 1923).

The appellants instituted a suit against the respondent claiming certain property as reversionary heirs of Ram Gopal Bose, who died in 1869, upon the death of his widow in 1920. The respondents father, since deceased, had been adopted in 1885 by the widow who purported to act under an authority to adopt executed by her husband. The property in suit had been inherited by the mother of Ram Gopal Bose and had descended from her to him. It was not disputed upon the appeal that the authority to adopt was a genuine document, and that the adoption had been made in fact, the only question now raised being whether it was a valid exercise of the power conferred.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge dismissed the suit, holding that the adoption was valid. In his view the evidence showed that Golak Prosad was advised that there was an obstacle to the adoption of Chema, and that thereupon he gave the widow a general permission to adopt a stranger. The view that he gave a ge