V LINGAYYA CHETTY Vs. CHENGALAMMAL ALIAS AMMALU

JUDGEMENT

(1.) This is an appeal against a judgment of our brother Kumaraswami Sastri, J. He decreed the plaintiff's suit holding that the adoption of the first defendant was invalid on the ground that he had been married at the time of the adoption. Unless the appellant (1 defendant) successfully challenges this conclusion, the other points in the case do not arise. It is admitted that the parties are Sudras.

(2.) Apart from Sanskrit texts, the earliest opinion available in Madras is the case No. 18 of 1814 in Vol. 1 of the Select Decrees of the Sadr Adaulat, p. 101. The pundits answer at p.106 runs thus :"Sudras may be adopted till the sixteenth year. But as it is a rule that a married boy cannot be adopted it must be understood that an unmarried boy may be adopted till he has attained the age of sixteen. These are the rules for the Sudras caste. Thus it is declared in the Dutta Mlmamsa, Dutta Chandrika and other Sastras." The point did not arise in the case.

(3.) The point was actually decided in another case in the same volume at p. 406 Venkatachella Reddiyar V/s. Moodoo Venkatachella Reddiyar. The pundit stated that the adoption was invalid (p. 410) and the Court of Sadr Adaulat held (p. 412) that the adoption of the appellant after his marriage was " illegal and void under the rules and restrictions of Hindu Law."