R VENUGOPALA REDDIAR Vs. KRISHNASWAMY REDDIAR

JUDGEMENT

(1.) THIS is a batch of connected appeals. It is common ground that the principal points in controversy arise in A. S. 390 of 1961 and therefore we will take up that appeal first for consideration.

(2.) THE learned Principal Subordinate Judge of Tiruchirapalli, who decided the original suit from which this appeal has arisen, O. S. 184 of 1953, has given a judgment covering a wide range of pleas as well as of issues which arise out of them. But for the purpose of the present set of appeals, the controversy has been narrowed down to a shorter number of issues, and arguments both of the appellants as well as of the respondents were confined to these issues. It is therefore sufficient for out purpose to consider only pleas as well as the evidence so far as they are necessary for deciding the points in controversy before us.

(3.) BEFORE we go more fully into the points in controversy, it is necessary to refer to the anterior history of the family to whom the suit properties originally belonged and of how the members of the family death with the suit properties. One chidambara Reddiar of Varagupadi in the Tiruchirapalli Dist. went to Rangoon in or about the year 1872 and amassed considerable wealth. Visalakshi Ammal was his senior wife and Bangaru Ammal was his junior wife. In Rangoon one Devi Ammal, a lady alleged to be of a Reddi family from Hyderabad, jointed him and lived as his concubine. she had already a son born to a former husband. This son was named ramanatha Reddiar (also referred to as Ramanarayana Reddiar ). Chidambara reddiar is said to have adopted Ramanatha Reddiar in or about 1879. It is now common ground that this adoption is not legally valid, though in several documents Chidambara continued to refer to Ramanatha Reddiar as his adopted son. Chidambara Reddiar had a daughter, Sundarammal, born to his senior wife, visalakshi Ammal. She had a son Krishnaswami Reddiar. In one of his visits to india, Chidambara Reddiar adopted Krishnaswami Reddiar. There was a formal adoption ceremony, including the giving and taking and the performance of the dattahomam; a deed of adoption Ex. A-27 was also executed on 11-11-1896. At the adoption, both the wives of Chidambara Reddiar, Visalakshi Ammal and bangaru Ammal took part.