SOORATHA SINGA Vs. KANAKA SINGA

JUDGEMENT

(1.) The general rule of Hindu Law is against the validity of the adoption in this case Minakshi v. Ramanada 11 M. 49 at p. 55 (F.B.) : 11 Ind. Jur.449 : Ind. Dec. (N. s ) 35, but this rule may be varied by custom, and such a custom has been held to obtain in the southern districts of the Madras Presidency Vayidinada v. Appu 6 M. 44 (F.B.) : 3 Ind. Dec. (N.S.) 427; Appayya Bhattar v. Vengu Bhattar 15M.L.J. 211. The lower Appellate Court has not found upon the evidence whether such a custom exists in the caste, of plaintiff and defendant or in South Kanara, which does not form part of the southern districts. The appellant is responsible for all the costs of this litigation, and we direct him to pay all costs incurred up to this day before the 15th September 1919. Upon payment of the costs before that day, we direct the District Judge to record a finding upon the following issue:

(2.) Is the adoption in this case valid according to the customs observed by the parties?

(3.) No additional evidence will be taken. In default of payment the appeal will stand dismissed with costs.