ARAVAMUDHA IYENGAR Vs. RAMASWAMI BHATTAR

JUDGEMENT

(1.) THE first defendant whose adoption has been declared invalid by the Sub -Court, Tiruchirapalli, is the appellant before us. The following pedigree explains the relationship between the parties:

(2.) IN the Court below the genuineness of Ex. P. 3 was disputed and it was also contended that Krishna Bhatter was not in a sound disposing state of mind at the time of the execution of the deed on 6th June 1901. The factum of adoption was also denied. The main question however, on which the controversy centred was about the validity of the authority conferred by Krishna Bhattar at the time when he was below 14 years of age. The learned Subordinate Judge found that the factum of adoption was established, and that Krishna Bhattar executed Ex. P. 3, with a full knowledge of its conents, and that it was genuine. He, however, declared the adoption invalid on the ground that Krishna Bhattar was a minor and was not competent to confer an authority to adopt on his widow. An attempt was made on behalf of the appellant in the Court below to support the adoption on the ground that Rangaraja, as the nearest sapinda then alive, consented to the adoption; but this attempt failed.

(3.) WE may dispose of the contention that Rangaraja consented to the adoption first as it does not present any difficulty. The unregistered family settlement deed, Ex. D. 5, dated I8th March 1940, was relied on in support of me contention. That document sets out the previous disputes regarding the will and that Rangaraja agreed not to dispute the will In consideration of Rukmani Ammal giving Him property worth Rs. 4,000 out of the properties of Krishna Bhattar. In consideration of that Rangaraja promised not to put forth "any claim to the other movable and immovable properties belonging to the said Krishna Bhattar" and consented :