- (1.) THIS is somewhat of a sad litigation by an adopted son, Nanda Krishna Pal Chowdhury, now aged 54, seeking a spate of reliefs, more than 34 years after his adoption, principally against his adopted parents, Bhupendra Mohan Pal Chowdhury, aged 90 and Sutapa Sundari Pal Chowdhury, aged 71. What makes the litigation sadder still is that Nanda Krishna was no stranger to the adoptive family where he was transplanted from his own, by virtue of adoption. Indeed, he was a near and dear one to Sutapa, his natural mother Suniti and his adoptive mother Sutapa. daughters of Rajah Janakinath Roy, renowned for his name and fame, being necessarily two sisters. In sum, Sutapa, the aunt of Nanda Krishna before adoption, became his mother after adoption. It is, therefore, a litigation which is not pleasant to be conducted or tried, as has been the feeling of the Bar and the Bench alike at and during the trial. But when it is there, the duty, howsoever unpleasant, has to be performed. And, if I may say so, the Bar has done its part admirably well without being infected by the slightest trace of rancour rampant amongst the parties and so natural too in all circumstances here. I now proceed to do mine as best as I can.
(2.) THE facts Nanda Krishna comes to Court with, lend themselves to a short treatment, even though the plaint runs into a tome with, amongst others, averments consisting of 24 paragraphs, 14 reliefs and a concise statement, 3 pages long, demonstrating thereby that it is anything but concise. Son of a Deputy Magistrate of those days, Radhikalal Dey - that indeed is the name of Suniti's husband - and himself bearing the name of Nanda Bhusan Dey, the plaintiff was adopted by his uncle and aunt, Bhupendra and Sutapa, on June 27, 1928, with a new name, Nanda Krishna Pal Choudhury, with all due ceremony and with all conceivable precautions, so that he might not be left high -and -dry in future. That is evident from the two registered Bengali deeds, plain copies of which form part of annexures to the plaint : vide annexures A and B wrongly recorded as exhibits A and B. Executed on one and the same day, namely, on June 27, 1928, with a load of 21 witnesses, including the writer, for each, one is by Radhikalal and Suniti making a gift of their son, Nanda Bhusan, to Bhupendra and Sutapa. This document describes itself to be putra dan patra : a deed of gift of the son. The other is by Bhupendra and Sutapa in favour of Radhikalal and Suniti accepting their son. Nanda Bhusan, given in adoption. This document describes itself to be dattaku putra grahan patra the literal translation of which is a deed of acceptance of the son given in adoption. By this deed, the adoptive parents agree, to quote only the material part therefrom : "From this day, we will bring up the aforesaid son (plaintiff) as our son born of our loins and teach him good manners give him education and perform the rites of Chuda (first tonsure) ceremony and marriage etc., keep him as our own son, born of our loins, permanently in our family and estate and in the enjoyment and possession of properties and he shall become heir and proprietor of all movable and immovable properties etc, left by us. In no circumstances, at no point of time and never, we shall be competent to renounce the aforesaid adopted son or to deprive him of the rights of enjoyment and inheritance in respect of the properties etc." : vide the official translation at page 2 of the brief of documents. Ext. A. The other deed, putra clan patra, says as much save that Radbikalal and Suniti, executants as they are, enjoin Bhupendra and Sutapa to keep to the terms just set out - terms which Bhupendra and Sutapa own in their own deed : dattaka putru grahan patra - vide the official translation at page 6 of the admitted brief of document.',. Ext. A. Adopted so, Nanda Krishna - no more he was Nanda Bhusan -began to thrive in his new paternal home - the home of Bhupendra and Sutapa - at 12 Biswambhar Mullick Lane, Calcutta. Aged 16 or thereabouts, he had sat for the Matriculation examination at or about the time he was given in adoption. In strict observance of the terms of adoption, Bhupendra gave him further education, got him married and nurtured him, his wife and their children too consisting of 3 sons and 2 daughters.
(3.) GOING by the plaint, it appears that the domestic: life at 12 Biswambhar Mullick Lane ran smoothly enough, barring perhaps a periodic small rub here or a small nib there (which the plaint rightly ignores), for some 34 years when on February 1, 1962, both Bhupendra and Sutapa left their own home for 102 Sovabazar Street, "at the instigation of, and in collusion with" Butt a Krishna Roy and "other designing persons." Such is the averment in paragraph 9 of the plaint which describes 102 Sovapazar Street : as "the residential house or Butto Krishna Roy and Menoka Roy.;