YELLA THIPPANNA Vs. YELLA VENKATARAMANAPPA OF UNSOUND MIND BY GUARDIAN, SRI MGURUSWAMY AYYAR, ADVOCATE APPOINTED AS MANAGER

JUDGEMENT

(1.) O.S. No. 7 of 1943 out of which this appeal arises was tried in part with O.S. No. 3 of 1944. Reference may be made to my judgment in Appeal No. 385 of 1945 for a statement of the claims of the various parties to this litigation. The parties will be described according to their array in O.S. No. 3 of 1944. The plaintiff in O.S. No. 7 of 1943 was the third defendant in O.S. No. 3 of 1944. We have heard Mr. Umamaheswaram for the third defendant on the question of the validity of the will ; and our opinion was, for the reasons given in the judgment in Appeal No. 385 of 1945 (1947) 2 M.L.J. 247, that the will was executed while the testator was in a sound disposing state of mind and that it effectively disposed of the whole of the testator's property.

(2.) Two additional questions have been argued in this appeal: (1) Whether the third defendant was an illatom son-in-law of the late Chin-nayya, the testator ; and (2) Whether even though the third defendant was the illatom son-in-law, the testator could not legally dispose of his property. [After examining the evidence His Lordship concludes]

(3.) We have no doubt on the evidence that the third defendant has not discharged the burden that lay upon him of proving that he had been taken in adoption to the late Chinnayya.