AMMI DEVI GARU Vs. VIKRAMA DEVU GARU

JUDGEMENT

(1.) THE zemindar of Madgole died on the 25th of December, 1875. He left two widows, but no mule issue. On the 8th of November, 1876, the senior widow adopted a son to her deceased husband.

(2.) IN 1881 the junior widow brought the present suit to have the adoption set aside, on the ground that the senior widow had no authority from her husband to make an adoption, and also on the ground that the adoption was invalid by Hindu law, because the infant who was adopted was the only son of his natural father.

(3.) THE case presented on behalf of the senior widow and the adopted child was this : On Monday, the 20th of December, 1875, the zemindar verbally authorized the senior Rani to make an adoption; on the following day he executed a will expressly conferring upon her authority to adopt, and at the same time he dictated a letter and sent it to the Collector at Vizagapatam intimating the fact of his having executed a will to that effect. Each of these allegations was traversed by the junior widow.