পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/৪৩৩

vyAvASTHA-DARPANA. 1480 of the writer, to deprive the adopted boy of his rights, and satisfy his son-in-law, who wished to retain the inheritance for the son of whose birth he was not then without hope; that it had been moreover established, that the adoption of Iswur Chunder had been made with authority from the husband previously received, and with the consent of the father-in-law; that a delay of ten years before such authority was acted on was not illegal, as had been proved by the answer (No 2) of the Court pundit; and this was further supported by the fact, that the opinion of the pundit of the provincial Court, given in ignorance of the existence of the deed of gift, was exactly to the same effect; that although another opinion of that pundit, given on the supposition of the deed of gift having been made out previous to the វ៉ែ declared that deed to confer a superior right, yet the opinion in question could not be held applicable in the present case, when the allegation of the priority of the date of the deed of gift had been shown to be a mere fraudulent circumvention. § ** The whole estate was therefore adjudged to belong to the adopted son, subject to the neces, sary condition of providing for the maintenance of Srimotee. The case was next brought before the fifth Judge (W. B. Martin) on the 19th of June, who expressed his entire concurrence in the above opinion. -: Judgment of the Courts below reversed, with costs. Date the 19th of June of the year 1824– S. D. A. Rep. vol. III. pp. 367 to 872. 桑 Gourbullub, complainant, versus Juggermoth Persaud Mitter and others, doyendants. II. The principal question raised in this case was, whether or not Gourbullu, had a right to the estate of (the person who was called in the arguments) his adopting grandfather. The person so called (whether properly or otherwise) was Itajah Rajbu'lub. He had an only child, a son, called Moocundullul.—Moocundhullub married Joymonee Dossy, a by whom he had no child. Before his death he had desired Joymonee to adopt a son.-Moocundbullub died three years before his father Rajah Rajbullub, and a short time after he had desired his wife Juymonoe to adopt a son, She did not adopt until after the death of Rajah Rajbus/u%, her husband's father. It was said, and found in an issue, that Rajah Rajbullub, having heard of the instructions given by Moucuador//w, to Joymoner, to adopt a son, acquiesced in those instructions. On the 24th of March 1824, Gourbul/u/ (who had been adopted by Joymonee, in pursuance of instructions given to her for that purpose by her husband Moocundullub) was entitled to the estate of Moocundulla', and also to the estate of Rajah Rajlittlub, The defendants were nephews (i.e. sons of the sister) of Rajah Rajbutlub, who died possessed of very large property. They were the heirs of Rajah Itajhullub, and would have been entitled to his estate, had Gourbullub not been adopted, Rajhullub (the father of Moocund/ullub) survived his son about three years, and died in the Bengal year 1205. He did not leave either widow or child surviving him. Juvnonee, after the death of Rajbullub, adopted the complainant Gourbullub, in pursuance of the instructions which she had received from her husband, Moocundullub, in his life time. In the course of the proceedings, as some importance seemed to have been attached to the fact of Rajoullum having confirmed the instructions which had been given by Hoocundullub to Joymonee relative to the adoption, and as one issue was to try whether Gourbullub had been adopted as Moocundbullub's son, I enquired of the Court Pundits if it was necessary that, at the time when Gourbullub was adopted, it should have been declared, at whose instance the adoption took place—or that he was adopted by the desire of Rajbolish or of Moocundullub, or of both 98