Sir Madhavan Nair.-This is an appeal from a judgment and decree of the High Court at Calcutta in its appellate jurisdiction dated 5th April, 1946, which affirmed a judgment and decree of that Court in its original jurisdiction dated 28th March, 1945.

The appeal arises out of a suit by way of originating summons instituted by the appellant for the construction of the will of his father the late Rai Bihari Lal Mitra.

The facts are not in dispute. The testator was a wealthy Hindu governed by the Dayabhaga School of Hindu Law. He died on 7th February, 1933, leaving him surviving his widow Sreemutty Nayani Mitra, his only son the appellant Aniruddha Mitra, and the wife of the appellant, Sreemutty Nivanani Mitra.

At the time of the testator’s death the appellant and his wife had no children. On 4th July, 1934, the appellant took the 2nd respondent Arabinda Mitra in adoption as his son. He was born on 19th October, 1932.

On 5th July, 1931, the testator executed his last will whereby he appointed the 1st respondent, the Administrator of Bengal, his sole executor with liberty to make over the property to the official trustee for carrying out the trusts.

On 24th August, 1936, the appellan