RAMANATHAM CHETTY Vs. SUBRAMANIYAN CHETTY

JUDGEMENT

(1.) Defendants 2, 5 and 6, the representatives of one S.A. Subramanyam Chetty, appeal against the decree directing them to pay the plaintiff who claims to be the adopted son of one Meyyappa Chetty, a sum of Rs. 10,329-3-5 with interest. The plaintiff s case is that Meyappa Chetty entrusted his nephew S.A. Subramanyam Chetty, who is described as a well propertied man" and a money lender with a sum of Rs. 3,812-1-6 for investment. Subramanyam Chetty first deposited the amount in Keemandan M.P. Firm at Rangoon, and afterwards when he himself commenced business at Rangoon withdrew the amount from the Keemandan M.P. Firm and deposited it in his own Rangoon branch. These deposits, both in the Keemandan Firm and afterwards in the S.A. Firm, were made in the names of V.M. Rm. and M. Rm. M. which were the Vilasams of Meyyappa Chetty. Meyyappa Chetty died and his widow adopted the plaintiff at the instance of Subramanyam Chetty who told the plaintiff that he had got this amount deposited with him by Meyyappa Chetty. Subramanyam Chetty also is dead and his representatives are now sued. The defence is that Meyyappa Chetty never entrusted Subramanyam Chetty with any amount and that the Vilasams V.M. Rm. M do not represent Meyyappa Chetty. The fact and validity of the adoption of the plaintiff by the widow also are denied. The Subordinate Judge has recorded findings in favour of the plaintiff on all these questions. The defendants appeal.

(2.) We are of opinion that the plaintiff is the adopted son of Meyyappa Chetty.

(3.) Their Lordships discuss the evidence as to adoption.