WYAVASTHA-DARPANA. T 1 1 0 ant had virtually admitted the reality of the loan by entering into a compromise, the question to try was who was entitled to the decree ? The acting judge rejected the appellant's claim, because it was not true that Thakooraeen 1)assy had adopted a son; and because the question of the real right of ownership could not be decided by a mere summary award of possession.* The Sudder Court (present Mr. Gordon ) seeing no reason, upon an examination of the proceedings, to dissent from the above judgmunt, upheld it accordingly, dismissing the appeal, with costs. Subsequently, on the 6th of February 1817, Mr. Gordon, entertaining doubts of the correctness of his decision, admitted a review of judgment, at the instance of Sreenato Mitter (one of - 象 - the appellants.) The ease then came before Mr. Jackson, who directed inquiry to be made into the fact of the adoption of a son by lebuarean lloy, and further, is the ml.p:് was provel, who were living among the grand children at the time of the death of this adopted son, and, consequently, wer” entitled to succeed that adopted son as heirs,
To this a return has now been received, showing that Debnaraon Roy did adopt Ramnarawn Roy as his son, and that Ramnuraen survived his adoptive father and mother; and that the grand children of Debmaraen, surviving loannaruen, were Sreenfith Mitter, Gunganaraon (sin, e. d: 1,) and Muhendronaraen (since lead,) sons of Musst. Sordamoyée, duughter of 1'ebunruen ; Kisiengohind, son of Kewulmunee, (his three brothers were born after the death of stammaraen, ) dau:hter of Debuaraen; Pearce mohun (since dead, ) son of Aununduloyee, also dead. 3. The 4th daughter of I):linaraen, Shi}soonderee died without issue. Both in the Lower Court and isy Mr. Gordon in his final judgment, it was declared that the arrangement frtiff, mawas, J between the defendant liceramonce and Sreenath must be consider-1 an admission of the justness of the claim under the bond. The Judge, on this ground, gave an award in full to the plaintiff, throw into out the rosauanah. From this decision no appeal has been made by the defenda;it ; and it appears to be perfectly correct as regards her. But the plaintiff Debnaraen having died, it is necessary to determine who shall benefit by this decree. The just:ment of the Lower Court, confirmed by Mr. Gordon, awarding the whole to Debnaraen's daughter Kewulmunee, is evidently erroneous in this respect. It is established that Debnaraen adopted a son Ramnarson who succeeded exclusively to his father's property, and to this decree among the rest. On Rain maraeu's death the succession devolved on the children of the daughters of Debnaraen then living. These were—Sreenath Mitter, (entitled to)—1-5th share; Gungamaraen (since dead) his heir—l-5th ditto; Muhendernaraen (since dead) his heir— 1-5th ditto; Kishengobind—l-5th ditto ; Peareemohun (since dead) his heir—1-5th ditto. There is no one in Court but Sreenath ; Kishengobind having neglected to appoint a rukeel. Ordered, therefore, that a decree issue against defendant for the sum claimed in full, declaring the abovementioned parties, or their heirs, entitled to benefit by it to the extent noted against their names respectively.—Sudder Decision, 21st of June 1848.
