KEESARA VENKATAPPAYYA Vs. NAYANI VENKATA RANGA ROW

JUDGEMENT

(1.) These are two consolidated appeals in two suits both brought so long ago as the year 1895, being claims to the Zamindari of Munagala in the Kistna District, They arose in the following circumstances:

(2.) Kodanda Ramayya, who was Zamindar, died in the year 1854. He left no son; but his mother, his widow, and a daughter by her named Latchamma survived him. She married a subject of the Nizam of Hyderabad, who died in 1875. Her husband was said to have given his wife an authority to adopt a son, and it was asserted on behalf of the present respondent, Nayani Venkata, that he had been so adopted. The Court of Wards took possession of the estate on behalf of the women, and it was enjoyed by them, not without question, until the death of Latchamma, in March 1892.

(3.) Thereupon disputes arose, and various members of the Keesara family, who were agnates of the last male Zamindar, claimed that the estate was an ordinary Hindu estate owned by a joint Hindu family, further saying that the present respondent had no title as an adopted son, there neither having been any authority to adopt nor any adoption in fact. The defence set up a custom of impartiality and descent by lineal primogeniture and the title by adoption, and further pleaded the Indian Limitation Act.