THAKUR BRIJ RAJ SINGH AND ANOTHER versus THAKUR LAXMAN SINGH AND ANOTHER

THAKUR BRIJ RAJ SINGH AND ANOTHER versus THAKUR LAXMAN SINGH AND ANOTHER

Under the Ajmer Land and Revenue Regulation, 1877, s. 23, confirmation of adoption by the Central Government is essential for a valid adoption by a widow in respect of an istimrari estate, but such confirmation does not validate an adoption that is otherwise invalid under general law. The jurisdiction of civil courts to adjudicate upon the factum and validity of the adoption is not excluded by sections 23 and 119 of the Regulation. Suits seeking a declaration as to the invalidity of the adoption are not barred.

Parties
Appellant: Thakur Brij Raj Singh; Respondent: Thakur Laxman Singh; Defendant: Rani Bagheliji of Sawar; Defendant: Inder Singh of Rudh
Jurisdiction
India
Judgment Date
08 September 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree of the Judicial Commissioner's Court, Ajmer
Outcome
Appeal dismissed (majority), suit maintainable; dissenting opinion would allow appeal and hold suit barred
Legal Topics
Maintainability of Suit, Istimrari Estate, Adoption by Widow, Confirmation of Adoption by Central Government, Bar of Civil Suit, Interpretation of Ajmer Land and Revenue Regulation, 1877, Ss. 23, 24, 119
Property Law Succession Maintainability of Suit Istimrari Estate Adoption by Widow Confirmation of Adoption by Central Government Bar of Civil Suit Interpretation of Ajmer Land and Revenue Regulation, 1877, Ss. 23, 24, 119

Case Brief

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Parties

Thakur Brij Raj Singh

Appellant

Thakur Laxman Singh

Respondent

Rani Bagheliji of Sawar

Defendant

Inder Singh of Rudh

Defendant

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree of the Judicial Commissioner's Court, Ajmer

Legal Issues

  1. 1 Whether after confirmation of adoption by the Central Government under s. 23 of the Ajmer Land and Revenue Regulation, 1877, the factum and validity of the adoption can be challenged in civil court
  2. 2 Whether ss. 23 and 119 of the Regulation bar a civil suit for a declaration regarding adoption and succession to istimrari estate

Ratio Decidendi

Under the Ajmer Land and Revenue Regulation, 1877, s. 23, confirmation of adoption by the Central Government is essential for a valid adoption by a widow in respect of an istimrari estate, but such confirmation does not validate an adoption that is otherwise invalid under general law. The jurisdiction of civil courts to adjudicate upon the factum and validity of the adoption is not excluded by sections 23 and 119 of the Regulation. Suits seeking a declaration as to the invalidity of the adoption are not barred.

Court Disposition

Appeal dismissed (majority), suit maintainable; dissenting opinion would allow appeal and hold suit barred

Orders

  • Appeal dismissed with costs.