পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/২৪৯

VYAWASTEIA.DARPANA, $06 This adoption had been made fifteen years after her husband's death, so that the widow enjoyed the property solely for some time; but since the defendant had come to the age of sixteen she had given it up entirely to his management and benefit, which was strong corroboration of the truth of the defendant's case, because the widow herself had actually, by the adoption, deprived herself of a life estate, which she would otherwise have had in the whole premises, There had not been any quarrel with the daughters, It was also inquired of the Pulits whether a widow could adopt a child which was not in (sistence in her husband's lifetime * A. Yes. In the case of the lèajah of Tanjore, quoted by Fergusson, there was also a parol adoptive power, and this was authenticated and clearly established as law by all the Philisils of any distine. tion in Indea. The facts of the case and the law buing clearly established, the Court gave judgment for the defendant. East's Notes, Caso No. X, Ith of March, 1°l 1, .]Inssum,uuu! SolnÃ#na, widhin 0/' Spomleriiiirain Apprllan/ t, Ramdolu? Panda and others. The plaintissued in behalf of the minor, Shaunapersaud, his son, whose mother, Bishonpria, was the daughter of Raja Jadooram; and the suit was instituted on the ground that the zemindary claimed was the right of the minor, grandson of Jadoorain, by the Ilindro law of succession, Koornarain l'ai and grandson of Jadooram Rai, the Zemindary having fallen to Italice Sougunda, the 2nd wife of Koornarain, she, under authority delegated from her husband, adopted him (Solidermarain,) executing at the same time, to his father, an instrument termed Miyumiputra; after which she continued in possession of the zemindary till 1210, when, shortly before her death, she made it over to the defendant, The Zillah Judge passed a decree, reciting that, in the preceding cause, the allegation of the defendant, as to his adoption, had been adjudged false, and the Aiyumpusra a fabrication ; that in the present ease, Lukkhinārain and others, four sons of lishenpria, Hureepria, and Koocha. munee, daughters of Jadooram, appeared to be heirs of the Zemindary. On appeal by Soondernarain from this judgment to the Provincial Court of Moorshedabad, that Court allirmed it. After the institution of a further appeal to the Sudder Dewanny Adawlut, Soundernarain died, and was succeeded by his widow, as appellant. The Sudder Dewanny Adawlut (present J. H. Harington) looted that the Aiyumpura set up by the appellant and the genealogical table of the family, shot: ; he given to their Pundits, for an exposition of the Hindoo law On the points as contained in the following questions : 1st. If a widow, with authority from her husband, adopts a son, is it usual or not for her to execute a document of the nature of the Niyumpson exhibited by Soondernarain and if such document be executed by the widow, does it or not preclude the right of the adopted son to succeed to the husband's Zemindary during the life of the widow? 2nd. If a widow adopts a son with the Hanction of her ("ASE aring on th Vyavasthás Nos, 50 t - - - - 501, GU5, 397, 30 The defendant Soundernarain pleaded that, after the demise of Jynarain liai, Run of A 509, ?