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Issues: (i) Whether the alleged agreement made in connection with the adoption was proved and, if proved, whether it conferred on the adopted son a title as owner of the estate; (ii) whether the respondent could maintain a possessory suit under Article 144 of the Limitation Act, 1908 on the footing of such agreement or any trust arising from it; (iii) whether the wills admitted to probate vested the estate in the appellant and negatived the respondent's claim.
Issue (i): Whether the alleged agreement made in connection with the adoption was proved and, if proved, whether it conferred on the adopted son a title as owner of the estate.
Analysis: The alleged promise that the property would be conveyed or that the testamentary disposition in favour of the adopted son would not be revoked was not established on the evidence. The later will did not embody the pleaded agreement, and the surrounding circumstances did not justify treating the transaction as a conveyance in praesenti. Even on the hypothesis that some arrangement existed, it would at most support a claim for specific performance or compensation, not immediate ownership of the estate.
Conclusion: The alleged agreement was not proved, and it did not vest ownership of the estate in the respondent.
Issue (ii): Whether the respondent could maintain a possessory suit under Article 144 of the Limitation Act, 1908 on the footing of such agreement or any trust arising from it.
Analysis: Article 144 applies to a possessory suit by an owner against a person holding adversely. A contractual right to have property conveyed does not by itself make the promisee the owner. At most, the trustee or legal holder remains owner until conveyance, and the beneficiary's remedy lies in enforcement of the contract within the period fixed for such relief. The law does not convert every enforceable contractual or trust-based right into an immediate possessory title.
Conclusion: The respondent could not sue as owner under Article 144, and any right founded on the alleged agreement was barred or otherwise insufficient for possession.
Issue (iii): Whether the wills admitted to probate vested the estate in the appellant and negatived the respondent's claim.
Analysis: The documents admitted to probate, read together, showed that the testator intended the appellant to take if there was no natural son, and the later revocation did not create a title in the respondent. The respondent's claim based on the two wills was inconsistent with their terms and with the testator's expressed intention. On that footing, the estate remained legally vested in the appellant, and the respondent's suit was out of time and unsustainable.
Conclusion: The wills supported the appellant's title, and the respondent's claim failed.
Final Conclusion: The respondent's suit was dismissible, while the appellant's rent suit succeeded, and the consolidated appeals were resolved substantially in favour of the appellant.
Ratio Decidendi: A contractual promise to devise property, even if connected with an adoption, does not by itself make the promisee the owner for the purpose of a possessory suit; ownership remains with the legal holder until the beneficiary enforces the contractual or equitable right by the appropriate remedy within limitation.
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