- (1.) THIS is an appeal against an order of the learned Civil Judge of Etah dismissing the plaintiff's suit on the ground that the plaintiff's adoption was invalid inasmuch as the power to adopt given under a document dated 3-11-1909 gave that power only if Raja Sanwal Singh, the executant of the deed, had no son or daughter born to him and as Raja Sanwal Singh left a daughter his second widow could not adopt the plaintiff as she is alleged to have done on 27-4-1932.
(2.) THE property in suit is a valuable estate and is known as Rajhore Estate. The Rajas of Rajhore claim to be direct descendants of Raja Pirthviraj of historical fame and are Chauhan Rajputs, The property appertaining to the Raj is impartible property and during the last several generations has always descended to a single male heir. The last Raja of Rajhore was Raja Sanwal Singh who died on 7-9-1918. At the time of his death he left two wives--Rani Bhagwan Kuer, the elder and rani Gulab Kual, the younger.
(3.) RAJA Sanwal Singh had a brother Dharam Singh. Jt was said that Dharam Singh was not quite right in his mind and about the year 1908 it was alleged that he had adopted a boy Kunwar khiali Singh. He thereafter executed a deed of trust dated 22-8-1908, and that led to a dispute between him and Raja Sanwal Singh. It may be mentioned that at the time of the execution of this deed of trust Raja Sanwal Singh was a young man aged thirty-two and Dharam Singh was aged twenty-eight. Raja Sanwal Singh's wife had died, but he was contemplating a fresh marriage.;