Judgement

Appeal (No. 62 of 1923) from a decree of the High Court (April 16, 1920) affirming a decree of the District Judge of Ganjam.

The suit was instituted by the appellants, who prayed by their plaint (1.) for a declaration that the will of Mandapaka Appanna was void, (2.) that the adoption of the first defendant was illegal and invalid, and for other relief.

The question arising upon the present appeal was whether an authority to adopt conferred by a will, which was invalid but was registered as a will, was ineffectual for want of due registration as an authority to adopt.

2 Law. Rep. 52 Ind. App. 305 ( 1924- 1925) Kondapalli Vijayaratnam V. Mandapaka Sudarsana Rao

83

The facts appear from the judgment of the Judicial Committee.

The District Judge dismissed the suit; upon the question raised in the present appeal he said "Where a document is honestly believed by all parties concerned to be a will and is registered as such, I am inclined to think that the registration should be considered sufficient for the authority to adopt contained in the document."

Upon appeal to the High Court the decision was affirmed. The learned judges (Wallis C.J. and Moore J.) were of opinion that th