Judgement

The first of these appeals was from a decree of the High Court of Madras (Sept. 20, 1894) affirming a decree of the District Court of Godaveri (Sept. 20, 1893) and dismissing a suit of the appellant to set aside an adoption made by the first respondent, the widow of one Butchi Sarvarayudu.

Law. Rep. 26 Ind. App. 113 ( 1898- 1899) Balusu Gubulingaswami V. Balusu Ramalakshmamma

31

On November 10, 1888, the widow adopted the second respondent, Sri Balusu Pattabhiramaya, the only son of a distant relation of the deceased Butchi, who had died when his son was about three months old. It was found by both Courts that he had expressed his wishes in favour of the adoption; and it was not disputed that before the adoption the male members of Butchis family were consulted and consented to it, several of them in writing. The appellant was the brother of the natural father of the adopted Roy, and succeeded to the rights which the Roy relinquished on his adoption.

The prayer of the plaint was to set aside this adoption, " by reason of the first defendant not having been legally authorized to make it, and by reason of the said defendant having been an only son, and as such not being dis