VARIANGATTIL PALISSERI RAMAN MENON Vs. THIRUTHIPALLI RAMAN MENON

JUDGEMENT

(1.) THE question raised by this appeal is whether the elder of two brothers, who were the two surviving members of their taravad, and the elder of whom was its karnavan, was entitled to adopt four persons so as to make them members of the taravad without the consent of the younger brother. The younger brother after the death of the elder sued to set aside the adoption. The adoption was declared valid by the Court of first instance, but this decision was reversed by the High Court of Madras. The persons adopted have appealed from this decision to Her Majesty in Council.

(2.) THE younger brother has died since the action was commenced, and has left a will, and the real controversy between the parties is to whom the property of the taravad belongs. This controversy, however, is not now before their Lordships for adjudication. The only question before them is whether the High Court of Madras was right in deciding the adoption to be invalid.

(3.) MR . Mayne in his very able argument drew attention to all the authorities bearing on the point, and to some previous adoption deeds, and to the verbal evidence adduced by the parties in this particular case. The authorities and adoption deeds do not really come nearly up to what is wanted; not one of them shows that a karnavan ever adopted a stranger into the family without consulting the other members of it.