AVULA GURUVAYA Vs. AVULA VENKANNA

JUDGEMENT

(1.) It is conceded, on behalf of the appellant, that, unless it is established that Subrayudu and Padmanabham were brothers, the plaintiff s case that they are the nearest reversionary heirs of the 1st defendant s husband fails. The Subordinate Judge has found that these two were not brothers, but the sons of two brothers. On the evidence, I am not prepared to say that this finding is wrong.

(2.) The question remains, are the plaintiffs entitled, in this suit, to set up the alternative case that, assuming they are not the nearest reversionary heirs, they can ask to have the adoption set aside?

(3.) It is well settled that, in certain circumstances, a reversionary heir, who is not the nearest reversionary heir, is entitled to impeach the validity of an adoption. The law was laid down by the Privy Council in Rani Anand Kunwar v. Court of Wards 6 C. 764 at p. 772; 8 C.L.R. 381; 8 I.A. 14.