Judgement

Appeal (No. 65 of 1925) from a decree of the High Court (February 8, 1924) affirming a decree of the Subordinate Judge of Mayavaram.

The suit was brought by the respondents for possession of certain immovable property with mesne profits. They claimed title under the will of a deceased Hindu, Ramakrishna Ayyar. The appellant (defendant No. 3), a minor, pleaded that the will, which devised the testators property in part to the appellant, in part to the testators widow for life, in part to charity, and in part to the respondents (relatives of the testator), was not binding upon him. The appellants natural father, before the adoption took place, had executed a deed consenting to the provisions of the will.

The Subordinate Judge held that, as the adoption subject to the agreed dispositions was beneficial to the appellant, the will was valid. That decision was affirmed by the High Court (Spencer A.C.J. and Kumaraswami Ayyar J.).

The facts and the grounds of the decision in the High Court appear from the judgment of the Judicial Committee.

1927. Feb. 7, 10. De Gruyther K.C., and Narasimham for the appellant. The appellant upon adoption became a co-sharer with the testator, and e