MINOR RAJU ALIAS AIYARU NAICKEN, REPRESENTED BY HIS NEXT FRIEND, AMMATHAYEE ALIAS KANGAGAMMAL Vs. MINOR RAMASWAMY NAICKEN BY GUARDIAN, THE RESPONDENT NO 2

JUDGEMENT

(1.) One Aiyaru Naicker had two sons Venkatasarni Naicker and Ayyasami Naicker. The sons remained undivided even after the father s death. The plaintiff in this case is the natural son of Ayyasami Naicker. The first defendant is the adopted son of Venkatasami. Ayyasami died on the 17th December 1907, Venkatasami on the 9th January 1908 The alleged adoption by Venkatasami is said to have taken place on the 20th December 1907.

(2.) The plaintiff s case is that even during the life-time of their father Venkatasami had an attack of leprosy of a virulent and nasty type;" that, consequently, on the death of the father, Ayyasami alone became entitled to the whole property, that Venkatasami made no adoption prior to his death, and that, even if he did, it was invalid.

(3.) The defendants Nos. 1 and 2 denied that the adoptive father suffered from leprosy and pleaded that the adoption of the first defendant was true and valid.