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1960 Supreme(Cal) 35

P.C.MALLICK
Biswanath Agarwalla – Appellant
Versus
Dhapu Debi Jejodia – Respondent


Advocates:
I.P. Mukherjee with B.C. Dutt and B.L. Vyas, for Plaintiff; S.N. Bagla, Attorney, for Plaintiff; R.C. Deb with S.K. Acharya, A.C. Bhabra and J.P. Sribastav, for Defendants (Nos. 1 and 2); S.C. Ghosh, for Defendant (No. 3); B.M. Bagaria, Attorney for Defendants (Nos. 1 and 2.); B. Biswas Attorney for Defendant (No. 3).

JUDGMENT : This is a suit for a declaration that plaintiff is the adopted son of one Ramprotap Udhani and as such entitled to his estate. There is also the prayers for possession, for injunction, damages and accounts. The defendants impleaded are, Dhapu Debia daughter of Ramprotap and her husband Chandanmul Jajodia. The allegations made are that Munia Debi widow of Ramprotap, on 25-9-1950 adopted the plaintiff as a son of Ramprotap. It is alleged that Munia Debi had authority to adopt though it is not stated when such authority was given and whether it was oral or in writing. The plaintiff is the grandson of Ramprotap by his daughter Rukmini Debi. Rukmini died in December 1949 prior to the adoption. It is pleaded that "according to the custom and practice prevailing amongst the Agarwal Community to which the parties belong, a daughters son can be validly given and taken in adoption." Munia Debi, Ramprotaps widow died on 5-3-1956. On Ramprotaps death, Munia along with her son Ghasirami became entitled to the estate of Ramprotap in equal share in 1940. On the death of Ghasiram in 1943, Munia inherited Ghasirams estate as well and till her death Munia was in control and management of






























































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