Judgement

Appeal from a judgment and decree of the High Court (September 11, 1914) affirming a decree of the Subordinate Judge of Guntur.

The question in the appeal was whether an adoption of an illatom son-in-law by a member of the Kamma caste who died in 1896, and a subsequent partition between the illatom (and his sons) and a natural born son (and his sons) were valid, having regard to the fact that at the time of the adoption the person so adopting was a member of a Hindu joint family and had a natural born son living.

Both Courts in India upheld the adoption.

The facts of the case and the basis of the decision in the High Court appear from the judgment of their Lordships.

1919. Feb. 6, 7. De Gruyther K.C. and Parikh for the appellants. The evidence did not establish that there was a custom in the family enabling an illatom adoption. But if an illatom could in proper circumstances be taken, there was no proof that according to the custom the adoption could take place although the adoptive father (a) was a member of a joint family, and (b) had a natural son living at the time of the adoption. If by custom the illatom could be taken into a joint family, he was only entitled, so l