APPAYYA BHATTAR Vs. VENGU BHATTA

JUDGEMENT

(1.) Although the reasoning of the Court in Vayidinada V/s. Appu I.L.R.,9 M. 44 and apparently the evidence (though this is not very clear) referred to the validity of the adoption of a daughter's or sister's son, yet the case actually before the Court was (as in the present case) that of a brother's daughter's son and the decision of the Court was that the adoption of such a person was valid by reason of the general custom prevalent in Southern India notwithstanding the texts of Hindu Law to the contrary.

(2.) We must take it that the Court considered that if the adoption of a daughter's or a sister's son was valid, the adoption of a brother's daughter's son must be equally, or a fortiori, valid, as the relationship in the latter case was more remote than in the former.

(3.) In the face of the direct decision of the Full Bench, as to the very question now in issue the decision in Minahshi V/s. Ramanada I.L.R., 11 M. 49 must be held to be inapplicable.