M SUBBARAO Vs. ADEMMA

JUDGEMENT

(1.) This appeal arises out of suit by the plaintiff to establish his adoption, to set aside certain alienations made by or on behalf of his adoptive father and to recover the family properties.

(2.) Plaintiff was adopted by Movva Sankariah in 1911. He left the adoptive father's house in 1913. Sankariah suffered from dropsy in 1916 and 1917 and died on 23 July, 1917. The 1 defendant is Sankariah's widow, the 2nd defendant is his mother and the other respondents are other alienees. The Subordinate Judge gave a partial decree to the plaintiff. The plaintiff appeals as to the rest of the properties.

(3.) The first point argued for him is that Sankariah was insane from 1913 up to his death. It may be taken that he was insane from December, 1910 till the end of 1911 (D.W. 16), with perhaps occasional lucid intervals, and even up to May, 1912 (D.W. 30). Not only there is no reliable evidence to show that he was insane in 1913, 1914 and 1915, but there is over-whelming documentary evidence from which it can be inferred that he was not insane-several of these being registered documents-and it must be presumed that the registering officers were satisfied that he was in a proper state of mind. Is follows that the documents executed by Sankariah cannot be attacked on this ground. Seeing that plaintiff's natural father is not a stranger but a cousin of Sankariah, it is not likely that he would allow so many transactions effected in the name of Sankariah to remain unchallenged if he was really insane.