পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/২৬৯

Parmamund Bistraciarjea, guardias y ruiennato coodleores aiser, Appellas, versus Woomakant Lahoores and others, Respondents. Gunga Narain Chowdhooree, a Zeminder, died in 1188 B. S. leaving a won Harmanth Chowdhooree, and a daughter Gouree Deben, mother of the respondents. Hurnauth Chowdhoores died childless, on the 3d of Cheyt 1199 B. S. but previous to his death he executed two deeds conveying to his wife Gunga Debea a limited permission to adopt a son. The first document was an Anoomutty puttra, to the following effect : “This deed is addressed to the fortunate Gunga Debea, I am in so weak a state that my life is very uncertain, and I have no son ; I therefore authorise you, should I be removed, (which God avert;) to adopt Shibkishore Surma, second son of Jugulkishore Roy, in order that he may perform my funeral rites and preside over my estate. I have written to Joogulkishore on the subject ; but should he refuse to give his consent, you may adopt the son of some other Brahmin. Such adopted son shall in that case perform my funeral rites and inherit my ostate.” Below the signature was written, “I have authorised her to adopt a son.” The second document was confirmatory of the former. It also was addressed to Gunga Deboa and ran thus t “On the 23d of Phalgoon, in consideration of my being childless and in a dangerous state of health, I gave you authority to adopt Shihkishore Roy, and wrote to Jugulkishore to authorise the gift of his son. Since that, Jugulkishore has deputed his wife, Rudranee Deben, to give his son in adoption. I accordingly adopt him as my son. If I recover, I will myself perform the prescribed rites; but if it should please God to remove me, I hereby empower you to perform the ceremonies. The investiture of the Brahmanical thread must bo performed by Jugulkishore, or Hurkishore. Shibkishore will be the lawful possessor of all my wealth.” On the day following the execution of this deed, Harnauth died ; and Shibkishore was adopted by Gunga Debea and obtained undisputed possession of the Zemindaree. He died childless on the 15th of Bysauk 1213, and Gunga Debea then held the estate. In 1227 she went to Moorshedabad to bathe in the Gunges, and there suddemly died of the cholera morbus om the 25th of Cheyt. On the day previous, however, she was said to have adopted Kishennath Chowdhooree, under the general authority given by her husband. The collector and Board of Revenue recognised the adoption; and the Respondents brought their suit to set it aside in the Provincial Court of Dacca, against Kishennath Chowdhooree, and his abettors, Cally Mohun Thakoor, Ramnauth Moonshee, and Sheonauth Moonshee. They claimed the estate as the natural heirs of Hurnalith Chowdhoorce. On the 15th of March 1823, Mr. C. W. Steer, fourth Judge in the Provincial Court, gave judgment in the case. He considered the widow incompetent to adopt, because the Anoomutty pustra gave her anthority in a specifie case, making the general authority contingent on its non-performance ; so that, as soon as she had adopted Shibkishore, the authority granted to her was annulled ; because the confirmatory deed, under date the 2nd of Cheyt, clearly restricted the authority to Shibkishore. On these grounds possession of the estate was decreed to the plaintiffs, as legal heirs to Hurnath, deceased. .Appಚ್ಚಿ ತೋjo,Kiqu್ಲಿ ಆಲ್ಜೀ'ಹಿಟ್ತtxAsias1. of November the easocame to a hearing before Mr. B. H. Bathy. He was of opinion that the adreast kisbonastaan sot provei, but theidswhsiswa-sisavaistnud et cairnohua 57