NARA HANUMANTHA RAO Vs. NARRA HANUMAYYA AND ANOTHER

JUDGEMENT

(1.) This appeal raises an important question with regard to the scope and effect of section 12 of the Hindu Adoptions and Maintenance Act (LXXVIII of 1956).

(2.) The facts upon which the decision turns may be stated quite shortly. Narra Pichaiah and his two sons, Kotaiah and Hanumaiah (first defendant), were members of a joint Hindu family. Kotaiah died on 26th August, 1924, leaving behind him his widow, Parvatalu. He had no children. Pichaiah died in the year 1936. The second defendant is the son of Hanumaiah. On 17th June, 1957 Parvatalu adopted Hanumantha Rao, her sister's son. Hanumantha Rao filed the suit, out of which this appeal arises, on 17th September, 1957, in the Court of the Subordinate Judge, Ongole, for partition and separate possession of a half share in the properties specified in schedules 'A' and 'B' and for other incidental reliefs.

(3.) The plaint originally averred that the adoption of the plaintiff was made by Parvatalu to her deceased husband. Subsequently, the plaint was amended with the leave of the Court, whereby the plaintiff pleaded that his adoption was made by Parvatalu not only to her deceased husband but also to herself and also that there is a custom among the members of the Kamma caste whereby the adoption of a boy more than 15 years old is valid.