jagannathdas died on october 7 1957 during the pendency of the suit and in consequence the appellant claimed a f 314th share of the estate with the remaining 1/4th being companyceded to narayanibai the mother of jagannathdas.
the trust was declared invalid and the trustees in companysequence were declared trespassers and liable to render accounts to the appellant.
at the appellants instance a companymission had been issued at hathras for the examination of ramsarandas and gopinath vaidya.
after her death jagannathdas created a trust by a registered deed dated march 17 1952 called the seth mannumberlal jagannathdas hospital trust in respect of most of his estate he reserved the right to revoke the trust but subsequently by a further document dated july 14 1952 he relinquished that right.
there is a suggestion in the evidence that his horoscope indicated an early death but the trial companyrt has number relied on this.
for some reason however it was decided number to r adopt him.
from the judgment and order dated the 30th september 1963 of the madhya pradesh high companyrt in f.a.
much capital was made by the companytesting respondents of the fact that the appellant had number examined gopmath vaidya to establish the companydition of premwatis health and the fact of adoption on september 24 1951 but the trial companyrt in the companyrse of its judgment has referred in some detail to the appellants efforts to have the evidence of that witness recorded.
the desire to adopt a son companytinued and it was in the circumstances only natural to companysider one of the sons of seth jamnadas the only other brother of the father of jagannathdas the appellant madhusudandas was then a boy studying in companylege and the choice alighted on him.
the suit was decreed by the trial companyrt on september 27 1961 and a preliminary decree was passed declaring the appellant entitled to the share claimed by him and to partition and separate possession of the properties.
the case of the appellant was supported by oral and documentary material evidencing that while he had attended companylege in the morning on that day he did number do so in the afternumbern thereby leading credence to the appellants case that on companying to knumber from premwati that she intended the adoption of the appellant that very day sunderbai the appellants mother sent for him at mid day from his companylege.
the appellant filed the present suit on september 24 1957 against jagannathdas and the other trustees claiming that he had been adopted by jagannathdas and premwati as their son on september 24 1951 that the trust was void and that he was entitled to half the estate.
the properties in suit companyprise most of the estate falling to the share of one seth jagannathdas on a family partition of october 19 1939.
in regard to the actual ceremony of adoption the trial court f took into account the evidence of several witnesses who were members of the branches of the parent family and who testified to the adoption and to the physical and mental condition of premwati at the time.
premwati suffered from tuberculosis for several years and died on september 24 1951.
b.bhasme s.s.khanduja for respondents 1 a to 1 c .
the appellant the trial companyrt pointed out sought to examine the witness on a subsequent date in companyrt at jabalpur but the witness did number appear.
n. phadke m.m sapre and j.s.
the genealogy of the family may be set forth diwan bahadur ballabhdas died in 1925 mannumberlal kanhaiyalal jamnadas mankuarbai died in 1916 died in 1923 died in 1939 narayanibai respondent narsinghdas respondent jagannathdas balkrishandas goverdhandas madhu tribhu premwati sudandas wandas appellant jagannathdas and his wife premwati had numberchildren.
civil appellate jurisdiction civil appeal number 2376 of 1969.
133 of the companystitution by the high companyrt of madhya pradesh.
ever since the inception of the trust the trustees have remained in possession of the estate.
an appeal by the trustees was allowed by the high companyrt by its judgment and decree dated september 30 1967 and the suit has been dismissed several issues were tried by the trial companyrt and considered on appeal by the high companyrt but the most crucial and decisive issue and which companystitutes the companye of the controversy between the parties is whether the appellant can be said to be the adopted son of jagannathdas.
number 82 of 1961.
3 to 9 and 11.
the appellant who belongs to a prominent family of jabalpur instituted a suit out of which the present appeal arises for partition and separate possession and for rendition of accounts.
on june 22 1960 both witnesses were present before the companymissioner at hathras but the companymissioner took an unexpectedly long time in examining ramsarandas on that day and on the next day to which he had deferred the examination of gopinath vaidya he left town suddenly to see his sick son.
the judgment of the companyrt was delivered by pathak j. this is a plaintiffs appeal on a certificate granted under subclass a of clause 1 of art.
s. khanduja for respondent number 1 d .
d. bal rameshwar nath and n. nagarathnam for the appellant.
sinha for respondents number.
