NAGI REDDI Vs. NANJUNDAPPA

JUDGEMENT

(1.) This appeal arises out of a suit in which the plaintiff claimed properties on the basis of an alleged illatom affiliation.

(2.) The plaintiff married the daughter of one Konda Reddi who died about the year 1909. The facts found are that Konda Reddi at a time when he had no children took the plaintiff into his family apparently with the idea of a regular adoption. Subsequently there were born to Konda Reddi first a son, then a daughter and then another son. After the birth of the son it is found that Konda Reddi, no longer being able to adopt the plaintiff, formed the idea that, in due course, he would marry his daughter to the plaintiff and take the plaintiff as an illatom son-in- law. On this understanding the plaintiff continued to live in the family. But an epidemic of plague intervened, the eldest son being the first victim, followed by Konda Reddi himself about a week later. It is found as a fact that on his deathbed Konda Reddi instructed his wife to complete the illatom affiliation by marrying the daughter to the plaintiff. It would appear that the plaintiff was a major at the time of Konda Reddi's death. After his death the marriage of the plaintiff to Konda Reddi's daughter was duly carried out by the widow and it is found as a fact by the Courts below that thereafter the plaintiff was treated as the illatom son-in-law of the deceased Konda Reddi, that he lived in the family and managed the properties for his mother-in-law. It is not open in Second Appeal to attack the findings of fact on the essential questions of the authorisation by Konda Reddi to his wife to complete the application and of the subsequent marriage and the status recognised in favour of the plaintiff as an illatom son- in-law. It is, however, contended that there is no finding nor proof of such an agreement as is necessary to form the basis of an illatom adoption.

(3.) The case has certain peculiarities. In the first place it comes from the Salem District Which is not one of the Districts in which the illatom custom is widely recognised. Another peculiarity is that, according to the Subordinate Judge, the parties belong to the Kammala caste. But I am constrained to conclude that this must be a mistake due to the unfamiliarity of the learned Judge with the Telugu caste name, for the learned. Judge, after stating that the parties are Kammala Reddis, states that this is one of the castes in respect of which Mayne's Hindu Law recognises that the illatom practice prevails. Actually the learned author recognises the existence of the custom in the Kamma and Reddi castes, not in the Kammala caste which is quite a different community and one in which, so far as I am aware, it has never been suggested that, this practice peculiar to the various castes which call themselves Reddis can apply. The Kammala caste is essentially a Tamil caste of artisans, not to be confused with the Telugu Kamma caste, which not infrequently adopts the title of Reddi and has strong affinities with the numerous Kapu castes, the members of which are normally known as Reddis. But I am unable to find any basis in the record for the Subordinate Judge's description of this community as Kammala Reddi, The witnesses describe themselves as Reddis simply. Presumably, they must be Kamma Reddis wrongly described by the Subordinate Judge as Kammala Reddis.