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PETITIONER: THAKUR BRIJ RAJ SINGH AND ANOTHER
Vs.
RESPONDENT: THAKUR LAXMAN SINGH AND ANOTHER
DATE OF JUDGMENT: 08/09/1960
BENCH: HIDAYATULLAH, M. BENCH: HIDAYATULLAH, M. DAS, S.K. GUPTA, K.C. DAS SHAH, J.C.
CITATION: 1961 AIR 149 1961 SCR (1) 616
ACT: Maintainability of suit-Istimrari estate-Adoption by widow Suit challenging factum and validity of adoption-Enactment providing for confirmation of adoption by Central Government and conditional right of suit-Bar of suit-Ajmer Land and Revenue Regulation, 1877 (Regulation 11 of 1877) SS. 23, 24, 119.
HEADNOTE: After the death of B, the holder of an istimrari estate, on September 28, 1947, leaving no male issue, the Court of Wards took over the estate and issued a notice under the provisions of the Ajmer Land and Revenue Regulation, 1877, inviting claims to the estate. While the enquiry was pending, an application was filed to the effect that the appellant was adopted on February 24, 1948, by the widow of B and that steps should be taken for the confirmation of the adoption under the third proviso to S. 23 of the Regulation. On September 10, 1951, the adoption was confirmed by the President of India. Thereupon the first respondent instituted a suit for a declaration, inter alia, that the appellant was not adopted as a fact and, in the alternative, the adoption was invalid and illegal. The appe...