VOLETI VENKATARAMA RAO Vs. KESAPRAGADA BHASKARA RAO

JUDGEMENT

(1.) This disputes relates to the succession to the immoveable properties of late Bhaskara Rao, a Brahmin karnam, who died on November 29, 1903 without issue, but leaving a widow. The suit was instituted on April 15, 1953 by the appellant claiming to be the nearest heir of Bhaskara Rao for recovery of possession of the properties. The case of the contesting defendants is that Bhaskara Rao execute a will on November 29, 1903 authorising his widow Seshamma to adopt a son, that pursuant to such authority. She adopted Rajeswararao in or about May, 1904 that Rajeswara died in 1950 and that the first defendant is his adopted son. The courts below concurrently found in favour of the defendants on all the points. They held that (1) Bhaskara Rao duly executed the will dated November 29, 1903; (2) his widow Seshamma in fact adopted Rajeswararao in or about May 1904 and the requisite ceremonies of adoption were performed. These findings of fact are no longer challenged.

(2.) The trial court held that at the time of adoption Seshamma was about 14 years of age. The High Court held that having regard to the lapse of time there was a strong presumption that Seshamma had attained the usual age of discretion at the time of the adoption, that the presumption had not been rebutted and that the adoption was valid.

(3.) Mr. M. C. Chagla argued that in May 1904 Seshamma had not attained the age of discretion and was not competent to make the adoption. He relied on the following passage in Mulla's Principles of Hindu law, 13th Ed., Art. 465, page 491: