LAWS(MAD)-1931-10-1

PANYAM Vs. AVADHANAM RAMA LAKSHMAMMA

Decided On October 22, 1931
Panyam Appellant
V/S
Avadhanam Rama Lakshmamma Respondents

JUDGEMENT

(1.) This appeal raises an important question relating to the law of adoption not covered by any direct authority. The plaintiffs are the reversioners to the estate of one Bhaskarayya. He died leaving him surviving his widow, Chidambaramma, and his only daughter, Ramalakshmamma defendant 1. After the death of his widow, Bhaskarayya s properties devolved on defendant 1. It is stated in the plaint that soon after the latter s marriage, more than 40 years ago, she became a widow, while still under age. In the year 1922, defendant 2, a distant agnatic relation of her father, was taken by her in adoption. The plaintiffs attack the adoption as being invalid and pray for a declaration that their reversionary right is not affected by it.

(2.) For understanding the objection taken to the adoption, we must turn to the pedigree, which sets forth her husband s relations, although the last full owner of the estate in question was her father and not her husband.

(3.) The pedigree is as follows: <TAB> Venkataramana (died) | ___________________________________|_______________________ | | | | | Venkatachalamiah Sivaramiah Ramakrishniah Ramasubbiah Rameswaramiah | and wife (died) wife during suit (died) wife | (died) 1st defendant (wife died) Subbamma. | | | | | Sundaram | Venkataramudu | (taken in | (taken in | adoption) | adoption | | _|_______________ _________|___________ | | | | Venkataramana Sundaram (given Ramachandrudu Venkataramudu (given in adoption.) in adoption.) </TAB>