G APPASWAMI CHETTIAR Vs. R SARANGAPANI CHETTIAR

JUDGEMENT

(1.) This appeal is preferred by the plaintiffs against the judgment of the Division Bench of the High Court of Madras on certificate. Appellants are the sister"s grandsons of one Gopalasami Chettiar. The first defendant Ramathilakam Ammal is the daughter of Gopalasami Chettiar and the second defendant the adopted son of the first defendant is the sister"s grandson of her husband Sethu Chettiar. The two defendants are respondents 1 and 2 in this appeal. Defendants 3 and 4 are the alienees of certain properties of Gopalasami Chettiar from respondents 1 and 2.

(2.) The suit was filed by the appellants for (1) a declaration that the adoption of the second respondent by the first respondent is not true and valid; (2) declaring that in any event the second respondent as an adopted son could not take the estate of Gopalasami Chettiar either under the will of Gopalasami or by succession; (3) a declaration that alienations made by respondents 1 and 2 on 16th December, 1956 in favour of respondents 3 and 4 are not binding on the reversioners of Gopalasami Chettiar and will not enure beyond the lifetime of the first respondent.

(3.) The trial court found that the adoption was true but not valid since the agnates of her husband namely Pattalam Ramasami Chettiar, another Ramasami Chettiar and Kuppusamy Chettiar were not consulted and their consent obtained. In view of this finding the trial court left open the construction of will of Gopalsami Chettiar and the question as to whether second respondent is entitled to claim under the will of Gopalasami Chettiar or by way of succession on intestacy. The court found that the alienation made by respondents 1 and 2 in favour of respondents 3 and 4 is not valid.