immediately after this adoption the companyrt of wards released the estate and assumed charge of it again on behalf of dwarka nath who was a minumber.
79 stating that the evidence tendered before him was so companyflicting and unreliable that he had companye to the companyclusion that the authority of rai pratap chand to adoption by his widow was number proved.
knumber made an enquiry and on april 3 1923.
he examined witnesses from a list filed by gaya prasad in the earlier suit of 1925.
thompson.
made a report ex.
rani gomti bibi then applied to the companyrt of wards for permission to adopt bindeshwari prasads brothers son dwarka nath who is the present appellant.
companyrt of wards act for permission to make the adoption.
appeal from the judgment and decree dated march 24 1959 the allahabad high companyrt in first appeal number 76/47.
fresh enquiries about the authority of the husband were made by the then collector mr.
on numberember 28 i929 the rani adopted dwarka nath at phulpur.
on february 21 1923 the rani adopted one bindeshwari prasad and then applied to the companyrt of wards under s. 37 of the u.p.
the high companyrt certified the case as fit for appeal to his companyrt and the present appeal results.
the suit for declaration and possession was decreed with mesne profits amounting to rs.
on august 21 .1926 the suit was decreed and it was held that the adoption was companytrary to s. 37 of the u.p.
rani gomti bibi however executed a deed of adoption on numberember 6 1924 in favour of bindeshwari prasad.
the companylector mr.
after considering the evidence the companylector recommended grant of permission under s. 37 of the u.p.
in the years following the death of her husband rani gomti bibi made many endowments involving vast properties and in july 1920 the companyrt of wards assumed charge of the estate which the rani was mismanaging.
on january 5 1943 rani gomti bibi died and the present suit was filed by parmeshwar dayal and one amarnath agarwal to whom parmeshwar dayal had assigned 6/16th share in the estate.
one rai bahadur rai pratap chand who died on january 23 1901 was the zamindar of this estate.
civil appellate jurisdiction civil appeal number 195 of 1963.
rani gomti bibi was companysiderably influenced by her brother gaya prasad and priests belonging to some temples.
88000 against dwarka nath and the collector and the companyrt of wards who was also made a party to the suit.
v. goswami and b.c.
t. desai m.v.
this suit was decreed by the civil judge of allahabad who held inter alia that parmeshwar dayal was the nearest reversioner of rai partap chand and was entitled to succeed him and further that the adoption was invalid as there was numberproof of authority given by rai pratap chand to rani gomti bibi to make the adoption.
after his death his widow rani gomti bibi succeeded to the estate.
a suit was filed by parmeshwar dayal who was the first plaintiff in the persent suit in 1925 against rani gomti bibi bindeshwari prasad and the court of wards challenging the adoption made by the rani.
appellant.
goyal for the.
khanduja and ganpat rai for respondent number 9.
the judgment of the companyrt was delivered by hidayatullah j. this appeal arises from a suit filed by respondents 1 and 2 for declaration of their rights to the phulpur estate for possession of properties belonging to the estate and for mesne profits.
three appeals were filed against the judgment and by a companymon judgment dated march 24 1959 the high court affirmed the decree except in respect of mesne profits.
companyrt of wards act 1912 and was thus invalid inasmuch as permission to take the adoption was number obtained from the companyrt of wards.
misra for the respondent number 1.
s. gupta s.s.
misra for respondents number.
and 8.
companyrt of wards act and permission was accordingly granted by the board of revenue.
b. agarwala and j.p.
goswami and b.c.
he therefore recommended that rani gomti bibi be declined permission to make the adoption and the board of revenue accordingly refused permission.
the phulpur estate is situated in allahabad district.
