TMI Blog1843 (12) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... e are repetitions, which only perplex us, I am sure nothing was omitted on either side, that could assist or be of service to their clients. 2. This case is of a very intricate and perplexing nature, and it is utterly impossible to explain all the facts that appear in evidence before us. But we have the Judgment of the Zilla Court, which appears to me to be framed with great care and caution, and I am glad to have an opportunity of saying so, because lately in another case (the case respecting the palanquin), I felt it my duty to declare the regret of all their Lordships who heard the case, that much pains had not been bestowed upon it either by the Ziila or the Sudder Dewanny Court. In this case it appears to me, and I believe to all th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordships are of opinion that such evidence has not been given in this case, with regard to any part of the property. 6. Now what has been relied upon, with regard to a portico of the property, has been chiefly that it was purchased in the name of one member of the family, and that there are receipts in his name respecting; but all that is perfectly consistent with the notion of its having been joint property, and even if it had been joint property it still would have been treated exactly in the same manner. We have heard from the highest authority, from the authority of Sir Edward East and Sir Edward Ryan, whose most valuable assistance we have in this case, (and it gives me a confidence that I should not otherwise have felt,) that the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Their Lordships are of opinion that the whole of the real property must be considered as joint property, and the same as to the personal property, because according to the Law of the Hindoos, as in the Civil Law, no distinction is made between these two species of property. Their Lordships certainly have felt great difficulty respecting the amount of personal property--the cash supposed to be in the house--and it would have been satisfactory to them, if, according to the course of proceeding in this country, a reference could have been made by the Court below to ascertain the amount. But we have reason to believe that such a reference could not have been made, and now, at this distance of time, it could not possibly be made with any advant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Appeal to be governed by--that an objection, which, if taken, might have been cured, and which has not been taken in the Court below, shall not be taken in the Court of Appeal. 11. We consider that the Judges of the two Courts below were right in coming to the conclusion, that the ijazut-nama, or deed giving the power of adoption, was a genuine deed, The witnesses who were examined to prove its validity were believed by the Judges below, and we see no sufficient reason why they should be disbelieved by us. That, therefore, being a genuine instrument, there was a power of adoption, and it is always to be borne in mind that that deed goes along with the habits and feelings of the Hindoos, because we know that a Hindoo dying without issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whole of this property as joint property --that this deed, giving the power of adoption, the ijasut-nama--is a genuine instrument, That she prosecuted the suit as guardian for her adopted son, and that, therefore, he will be entitled to call upon her to account for the profits of the joint property of which the is to be put in possession. 13. Under these circumstances, their Lordships are of opinion, that it will be proper to recommend to Her Majesty that the Decrees of the Courts below be affirmed, and with costs. There are doubts upon the facts, but we are proceeding upon the ground that a forged instrument was given in evidence on the part of the Appellants, that that has caused the litigation, and that there is no reason why in this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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