Judgement

Four Consolidated Appeals (No. 57 of 1930) from three decrees of the High Court (August 16, 1928) affirming one decree and varying another decree of the Subordinate Judge of Motihari.

The litigation related to properties of great value which belonged to Raja Mohan Bikram Singh who died childless on April 18, 1912, and which was concurrently found to be self-acquired property.

The main question arising was whether the respondent, who was concurrently found to have been adopted in 1903, could recover possession from the appellant, the testators widow. The appellant was in possession under a will of 1904 reviving a will of 1901 in her favour and revoking a will of 1903 in favour of the first respondent. The respondents suit was brought on April 15, 1924.

The facts are fully stated in the judgment of the Judicial Committee.

The Subordinate Judge made a decree in favour of the respondent. His decision was substantially affirmed by the High Court (Kulwant Sahay and Macpherson JJ.) the decrees being varied only as to a claim to certain cash, which was held to be barred, and as to the mesne profits. The grounds of the judgment on the main question appear from the present judgment