Judgment

SUBBA RAO, J.: This appeal on a certificate is preferred against the judgment and degree of the High Court of Judicature at Madras confirming those of the Subordinate Judge, Madurai, in a suit for a declaration that the adoption of the 2nd defendant by the 1st defendant was invalid. The following genealogy will be helpful to appreciate the facts and the contentions of the parties:

Shanmugha, Subramania and Kulandaivelu (Jr.) became divided in 1878 and since the division each of the three branches of the family was living separately. Kulandaivelu (Jr.) died in the year 1912 possessed of considerable property described in the plaint schedule leaving him surviving his widow, Guruvammai Anne who is the 1st defendant as his sole heir. In 1951, Guruvammal Anni; with a view to adopt the 2nd defendant to her deceased husband, wrote letter to her husband s sapindas who were majors i.e. plaintiffs 1 and 2, and defendants 5, l1,12,14,19 and 20, seeking their consent to her adopting the 2nd defendant. The said sapindas, except defendants 12 and 14, refused to give their consent for the reasons mentioned in their replies. Defendant 12 did not receive the latter, but the 14th defendant ga