VENKATARAMA AIYAN Vs. THAYAMMAL AND KUTTISAMI AIYAN

JUDGEMENT

(1.) THIS is an appeal from a judgment of the High Court at Madras in a suit instituted by the Respondent to have it declared that an alleged adoption of the second Defendant by the first Defendant was invalid. It appears that Dorasami, who was entitled to certain property, died many years ago, leaving Thayammal, the first Defendant, his widow, and also an only son, Kuttisami, his heir-at-law, surviving him.

(2.) KUTTISAMI , the son, married Thangammal and subsequently died without issue, leaving Thangammal, his widow, who, upon the death of her husband, succeeded as heir to the property.

(3.) THEIR Lordships are of opinion that the objection is fatal to the adoption of the second Defendant. It is therefore unnecessary to express an opinion as to other objections to that adoption, or to consider whether there was or was not a valid adoption by the son's widow.