Judgement

APPEAL from a decree of the High Court (April 16, 1888), affirming a decree of the District Judge of Ganjam (Aug. 16, 1886).

The facts are stated in their Lordships judgment.

The Appellant sued as widow of one brother to set aside an adoption by the widow of the other brother ; the suit being based on the assumption of her right to succeed on the death of the adopting widow as reversionary heiress to that widows husband. The first Court dismissed the suit, finding that the Appellants husband was not legitimate, and therefore not a sapinda of the adopting widows husband.

The High Court found that both brothers were illegitimate, and that even if they were legitimate the Appellant would not be reversionary heiress as claimed. The property in suit originally belonged to one Padmanubha Deo, the common ancestor of all parties, the right of succession to whose estate was adjudicated upon in Sri Gajapathi Radhika v. Sri Gajapathi Nilamoni (13 Moores Ind. Ap. Ca. 497.).

Mayne, for the Appellant, said that he accepted all the findings of the Courts below except those relating to the adoption. On those undisputed findings the High Court ought to have held that the Appellant was a s