LALITA PRASAD CHAUDHURY Vs. SARNAM SINGH

JUDGEMENT

(1.) These two appeals arise out of a suit instituted by the plaintiffs-respondents for a declaration of their title as reversionary heirs of one Bajrangi Lal and for recovery of possession of one-half share of the properties set out in the schedule attached to the plaint as being the estate of Bajrangi Lal to which defendants 1, and 2 and the husband of defendant 3, and defendant 63 were jointly entitled with the plaintiffs as the reversionary heirs on the death of Mt. Amola Kuar the widow of Bajrangi Lal, which event took place on 11 Asin 1324, F.S. (1916).

(2.) The following genealogy will be of assistance in understanding the facts of the case: Madari Lal the common ancestor died possessed of considerable landed properties and leaving five sons surviving him. The five sons, Hanuman Dutt, Bhairo Dutt, Ganesh Dutt, Mahesh Dutt and Narain Dutt, admittedly separated amongst themselves after the death of their father, and therefore the share of each of the brothers was 3 annas 4 gandas in the ancestral property. Bhairo Dutt died first, leaving his son Bigu Lal who died in the year 1256 (1849) leaving a widow Mt. Anandi Kuar. Hanuman Dutt is said to have taken Bajrangi Lal, the son of Mahesh Dutt in adoption.

(3.) The fact of the adoption is admitted, the dispute is as regards the form of adoption. According to the plaintiffs the adoption was in the Dattaka form; according to the defendants it was in the Kritrima form. Bajrangi Lal died in the year 1268 (1861) leaving a minor widow, Mt. Amola Kuar, who was then of tender years. Narain Dutt died without any issue in the year 1275 (1867), and in the same year Mahesh Dutt also died. Mahesh Dutt had two sons, Naurangi Lal and Bajrangi Lal, the latter, as I have already said, having been adopted by Hanuman Dutt.