Binod Mitter, J. - (1.) THIS is an appeal from the decree of the High Court of Judicature at Patna, dated December 16, 1927, which affirmed a decree of the Subordinate Judge at Cuttack, dated August 6, 1923, and dismissed the plaintiffs' suit with costs.
(2.) THE following is the genealogical table of the family of Ram Prosad Bose, and the parties to the litigation claim to be his heirs. Unamoyee = Golak Prasad (died October 26, 1873) = Alhadini Dasi (1st wife) | | (2nd wife). Rama Prosad Bose = Alhadini alias Gangomont | (died Feb. 16, 1869) (died 7th Sept., 1920) | ------------------------------------------------- | | | |Gobinda Prosad Sananda Prosad Binod Prosad Sonaton Prosad (deed. plff. No. 1). (plff. No. 2. ). (plff. No. 3).(deceased). |Rajenda (plff. No. 1). Ram Prosad Bose executed a will and also an Anumatipatra in favour of his wife Alhadini Dasi on February 16, 1869. Alhadini Dasi, the widow, adopted one Krishna Prosad in the year 1885, and he died in 190D leaving the respondent his only heir in possession of the properties claimed by the appellants. Alhadini died on September 7, 1920, and the present suit was instituted by the appellants against the respondent on April 25, 1921, praying for a declaration that the adoption of Krishna Prosad was invalid, and for the recovery of the properties in possession of the respondent and other incidental reliefs.
(3.) THERE is no dispute now about the valid execution of the will or the Anumatipatra, nor is there any dispute that Krishna Prosad was in fact adopted, and that all necessary and proper ceremonies were performed at his adoption. Ram Prosad belonged to a Kayastha family, and was governed by the Bengal School of Hindu law, and the widow, therefore, could only adopt in terms of the Anumatipatra, provided the same remained effective at the date of the adoption.;