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1935 Supreme(SC) 22

Basant Singh and others – Appellant
Versus
Brij Raj Saran Singh and others – Respondent


Advocates Appeared:
S.L. Polak, W. Wallach, A.M.Dunne, B.B. Lal, J.M. Parikh, L. DeGruyther

Lord Thankerton:-

These are consolidated appeals from four decrees of the High Court of Judicature at Allahabad, dated the 16th January 1929, which substantially reversed a decree of the Additional Subordinate Judge of Meerut, dated 2nd March 1925. The property in suit is the Sahanpur estate situated in the District of Meerut, and the last male holder was Kunwar Khushal Singh, a Hindu Jat, who died on 6th August 1879, leaving surviving him a Widow, Rani Raghubir Kunwar, who died on 24th November 1920. The present suit was instituted on 1st May, 1923. The right of succession to the estate lies between the plaintiff-appellants 1 to 5, who are now admitted to be the nearest reversioners, and the original respondent in the leading appeal, Kunwar Brijraj Saran Singh, defendant 1 in the suit, who is now deceased, and whose representative is now respondent. Defendant 1 was in possession, and claimed as adopted son under an adoption made by the said Rani on 13th April 1903. The fact of the adoption is not disputed, but its validity is challenged by the appellants, and this forms the main issue in the appeal. The remaining plaintiffs and defendants claim under-rights derived from plaintiffs























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