SRI RAJA VENKATA NARASHIMHA APPA ROW; SRI RAJA VENKATADRI APPA ROW Vs. SRI RAJA PARTHSARATHY APPA ROW; SRI RAJAPARTHSARATHY APPA ROW; SRI RAJA VENKATA NARASHIMHA APPA ROW

JUDGEMENT

(1.) The further question now for consideration in these consolidated appeals is the ownership of the Zamindari of Medur. It is common ground that at one time this Zamindari belonged to Narayya Appa Row, the son of Venkataramayya Appa Row, who will for convenience be referred to as Narayya the younger. It is also common ground that Narayya the younger died intestate on the 4th August 1895. The points in dispute are whether at the time of his death Narayya the younger had become by adoption the son of Raja Narayya Appa Rao Bahadur Garu, who died on the 7th December 1864 (and who will for convenience be referred to as Narayya the elder), and whether, if such adoption took place, it had the effect of divesting him of the Zamindari of Medur. In order that the respondents in this appeal may sustain their claim to a share of the Zamindari of Medur, it is necessary that they should succeed on both these points, inasmuch as their claim by inheritance from Narayya the younger depends on his having been validly adopted into the family of Narayya the elder. Their claim must therefore fail if he was not validly adopted, or if, having been so adopted, he thereby forfeited his right to the Zamindari of Medur, which appears to have been ancestral property in his family of origin.

(2.) The alleged adoption took place after the death of Narayya the elder and was made by his widow Papamma. The respondents claim that this adoption was a valid exercise of the powers given by the last will of Narayya the elder. The appellants, on the other hand, contend that the power of adoption which purported to be given by the said will was in itself invalid, and that even if the power was valid as given in the will the alleged adoption was not in accordance with that power, and was accordingly of no force or validity. If the appellants succeed in making good either of these objections to the validity of the adoption, the whole claim of the respondents admittedly falls to the ground, and their Lordships have therefore considered it desirable that these points should be fully argued in the first instance as preliminary points, and that they should express their opinion on them before considering the other portions of the case.

(3.) The will of Narayya the elder is dated the 6th day of December 1864, i.e., immediately previous to his death. He was a member of the Velama branch of the Sudra caste. He had two wives named respectively Papamma and Chinnamma. So much turns upon the language of this will that it is advisable to cite it in full. It reads as follows :- As my illness increases, and as I think I would not survive, you both should divide in equal shares my Zamindari Nidadavole and Bahargalli parganas and Amberpet pargana, the cash in the upstair building and all other movea We and immoveable property. It has been arranged that my nephew (sister s son) Chiranjivi Vellanki Venkatakrishna Row should enjoy hereditarily from son to grandson the profits of the village of Mandur attached to Ambarpet Muttah, and also of Nagulapalli and Rajupotepalli villages attached to the Taluqdari, and that my brothers-in- law, Vellanki Jagannadha Row Garu and Vellanki Sura Row Garu, should enjoy hereditarily the profits of the village of tha Undrajavaram attached to Nidada vole pargana paying every year the peishcush fixed therefor at the sub-division according to the kistbund (instalments). You both should maintain our sanaastanam, servants, clerks, dasis and other servants. You should for the most part live in harmony with my younger brother Chiranjivi Venkatadri Appa Row. Yon should adopt a boy who is our sannihita (one closely related) whenever it strikes you that our samastanam should continue. In all matters both should act without quarrelling. I have this day alone caused a petition to be written and sent to the Collector of Godavari in regard to this matter. You both should without fail act according to the aforesaid paddhalis (terms).