SRI RAJAH VENKATA NARASIMHA APPA ROW BAHADUR Vs. SHREE RAJAH SURANANI VENKATA PURSHOTTAMA JAGHANDADHA GOPAL ROW BAHADUR

JUDGEMENT

(1.) For the decision of this appeal we have to consider a portion of the will of Rajah Suraneni Jagannatha Lakshma Row, Zeminder of Mailvaram who died on the 31 July 1859. We assume for the purpose of this judgment that the will is genuine, a point which is in dispute.

(2.) The important portion is the paragraph numbered I in the translation. It runs as follows: We have no male issue; as a suitable boy could t not be found among the Jnaties no adoption has been made till now. If our wife Lakshmidevamma Rao, finds a suitable boy among our Jnaties she shall make our adoption according to her will and in accordance with the law. If no boy is found and if our daughter Venkata Chinnaya has a son that boy becomes ( or will become ) a dauhitra karta ( daughter's son, heir ) according to the law (Dharmasastras): so that bay alone should become the karta for the entire property belonging to us. According to the law the kartaship rests in our wife: so our funeral rites as well as the acts to be done subsequently should be caused to be done through our wife alone.

(3.) The plaintiff is the husband of the testator's daughter Venkata Chinnaya Row who died in 1902 after the death of her two sons. The defendants are sons of the testator's divided younger brother Venkata Gopala Narasimha Rao who died in 1851.