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1962 Supreme(Gau) 29

T.N.R.TIRUMALPAD
Gosaimayum Ongbi Ketuki Devi – Appellant
Versus
Jayantakumar Goswami – Respondent


Advocates:
N. Ibotombi Singh and C. Upendra Singh, for Appellants; T.N. Bhattacharjee, for Respondent.

JUDGMENT :-

The appellants in this Second Appeal are the widow and a minor daughters of one Lokanath Goswami, who died in the year, 1953. The first respondent Jayanta Kumar Goswami, is the son of one Ibeton Devi, (the deceased sister of Lokanath Goswami) and her husband Gourachandra Sarma (P.W. 4). Jayanta Kumar Goswami, brought the suit in 1958 as a minor against the appellants claiming that he was adopted by Lokanath Goswami when he was 3 months old, after the death of his mother Ibeton Devi at a time when Lokanath Goswami had no children of his own. The allegation in paragraph 2 of the plaint is that the adoption was done according to the rite and customs under Hindu Law with the agreement of the first appellant - Ketuki Devi and that after the said adoption Lokanath Goswami and Ketuki Devi, brought him up and all rituals for adoption, Upanayanam etc., were performed by Lokanath Goswami and he was known during the life-time of Lokanath Goswami as his son. It was further alleged that after the death of Lokanath Goswami, the first respondent performed the Sradha Ceremony. It was further alleged that sometime before his death, Lokanath Goswami made provision that the first responde





























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