BHYRI APPAMMA Vs. BHYRI CHINNAMMI

JUDGEMENT

(1.) The plaintiff (respondent) is the junior widow of her husband, who executed the Will Exhibit A (September 1913)providing (1) that his senior widow should adopt a suitable boy after his death and (2) that, if after such adoption, disagreement should arise between his junior wife (on the one side) and his senior wife and the adopted son (on the other side), the junior widow (present plaintiff) should be given absolutely 15 acres out of a larger area of land (there are certain other provisions in the Will unnecessary to detail for the decision of the present case).

(2.) The senior widow (1st defendant) adopted the 2nd defendant on the nest day after her husband s death and according to the dictum of the Privy Council in Pratapsing Shivting v. Agarsinghji Raisinghji 50 Ind. Cas. 457 : 43 B.778 : 36 M.L.J. 511 : 17 A.L.J. 522 : 21 Bom. L.R. 496 : 1 U.P.L.R. (P.C.) 39 : (1919) M.W.N. 313 : 10 L.W. 339 : 24. C.W.N. 57 : 27 M.L.T. 47 (P.C.), he stands in as good a position as if he was the posthumous son of his father.

(3.) It was not alleged or contended in the lower Courts (much less proved) that the senior widow at the time of the adoption caused the 2nd defendant s natural father to agree to the adoption being made subject to a liability on the part of the adopted son to give to the plaintiff the 15 acres whenever she demanded the land, and hence the case in Vedanayaga Mudaliar v. Vedammal 27 M. 591 at p. 597, does nut help the plaintiff.