JUDGMENT

Macpherson and Wilkins, JJ. - The parties to this suit are Jains of the Agarwalla class and residents of Arrah in the district of Shahabad. The suit relates to properties of considerable value, which are said to appertain to the estate of Jinwar Dass, who died in 1850 without issue, but leaving a widow Misri Koer. The plaintiff's case is that Misri Koer died on the 19th February 1883; and that he then under Mitakshara Law as heir of Jinwar Dass became entitled to all the properties claimed. The suit was instituted on the 28th January 1895, and the plaintiff says that he attained majority (21 years) on the 28th July 1894.

2. The defendant says that the plaintiff is not the heir of Jinwar Dass, and that the suit is also out of time as Misri Koer died on the 6th January 1883, and the plaintiff attained majority more than three years before the date of suit. On the merits his case is that according to the custom prevalent among the Agarwalla Jains, a sonless widow acquires an absolute right to the property left by her husband, and can also adopt a son to him without his permission; that in 1854 Misri Koer personally adopted his father Bhagwan Dass reserving to herself the life i