JUMOONA DASSYA Vs. BAMASOONDARI DASSYA

JUDGEMENT

(1.) THIS is an appeal against the decree of the High Court of Calcutta, which, reversing a decree of the Subordinate Judge of Zilla Rajshahye, dismissed the plaintiff's suit.

(2.) THE suit was brought by a Hindu widow, Jumoona Dassya, against her daughter-in-law, Bamasoondari Dassya, who was sued in her own right, and also as the guardian of Giris Chunder Mozoomdar, whom she had adopted under an authority alleged to have been executed by her deceased husband. The object of the suit, which may be taken to be a suit between Jumoona Dassya and the infant adopted, was to set aside that adoption, and to have it declared invalid. Jumoona was the widow of Guru Pershad, who died in the year 1851. He left, besides his widow, two sons, Govind Chunder and Gopal Chunder, and three daughters. On his death-bed he executed a wasiutnamah, the effect of which was to constitute his widow the guardian of the two sons, and manager of his property during their minorities, with a direction that, on their attaining majority, the elder should take a nine-anna share, and the younger only a seven-anna share of his estate. Govind Chunder, the eldest son, died in the year 1853. He had, according to the custom of Hindus, been married in his father's lifetime, whilst yet a child of tender years, to another child some years younger than himself. It is alleged on the part of the defendants that on his death-bed, the day before his death, he executed a document authorising his widow to adopt a son; and the truth of this allegation is the principal question in the cause.

(3.) VARIOUS questions were raised in the suit which are now of no moment. The only substantial issues are, first, whether Govind Chunder did execute the alleged authority to adopt; and, secondly, if he did so, whether he was by reason of his age capable of executing such a document.