Judgement

Appeal from a judgment and decree of the High Court (March 19. 1915) reversing a decree of the Subordinate Judge of Rajahmandri (December 11, 1911).

The respondent held the zamindari of Pittapur and other lands under the will of the late raja. It was common ground that the zamindari was by custom impartible and governed by the rule of primogeniture. The other lands which passed under the will were self-acquisitions of the late raja.

The appellants father had been adopted by the late raja in 1873, and the appellant was born in 1876. The late raja died in 1890, having, as above mentioned, made a will in favour of the respondent, who, being then an infant, was placed under the Court of Wards.

The appellants father thereupon instituted a suit against the Court of Wards to recover the late rajas estates. He alleged that the will was invalid, and that the respondent, therein referred to as the rajas natural-born son (aurasa), was a supposititious child. The Privy Council in that suit, without deciding the question of parentage, held (affirming the High Court) that the respondent was entitled to succeed under the will. The appeal is reported at L. R. 26 1. A. 83.

In 1907 the app