Judgement

THERE were two Appeals in this case, against a Decree of the Sudder Dewanny Adawlut at Madras, made in three separate suits, instituted in the Provincial Court of the Northern Division of Madras, to determine the right of succession to the estates of the late Raja Vassareddy Vencatadry Naidoo, the hereditary proprietor of large Zemindary property, situate in the zillahs of Guntoor, Masulipatam, and Rajamundry, in the Northern Division of the Presidency of Madras. The first suit was instituted by the Respondent, Ramanadha, against Jaganadha, the adopted son of the late Vencatadry, claiming, a part of the Vassareddy estates, first, as the second adopted son of Vencatadry; and, secondly, by virtue of a settlement made by Venkatadry, in his lifetime, dividing his estates between Jaganadha and Ramanadha, the entirety of which bad notwithstanding been taken possession of by Jaganadha, at Vencatadrys death. The second suit was instituted by Atchama, the Appellant in the second Appeal, against Ramanadha, claiming succession to Vencatadrys estates, as the senior widow of Jaganadha (who died pending the litigation between him and Ramanadha, without issue by either of his wives, Atchama or Rungama); and secondly, under a Will alleged to have been made in her favour by Jaganadha. The third suit was brought by the Appellant, Rungama, the junior widow of Jaganadha, for herself, and on behalf of Lutchmeputty, as his guardian and adoptive mother, against Atchama, Raman ad ha, and one Puttoory Caly Doss, claiming for Lutchmeputty, as the adopted son, and testamentary heir of Jaganadha, the whole of the estates of Vencatadry and Jaganadha.

The facts which gave rise to these suits were as follow-

On the 2nd of April 1798, Raja Vassareddy Vencatadry Naidoo, having no issue of his body, with the concurrence of his wife, adopted Jaganadha as his son. The fact of this adoption was notified to the Collector of Guntoor, on the same day.

At the time of the adoption, Vencatadry entered into an agreement, or contract of adoption, with Chundramooly Naidoo, the natural father of Jaganadha. This agreement was contained in two instruments. The first, dated the 7th of April 1798, executed by Vencatadry, and addressed to Chundramooly, after re- citing that the ceremony of adoption had been performed, declared the effect of it, in the following words- "Therefore, be it believed, that I have executed this, (my tutelar deity bearing witness,) that Jaganadha Naidoo is hukdar or heir to my Zemindary, mirasy, to my wealth and debts; and that I have it not in my power, on any account whatever, to make over (the same) to any other person besides him (Jaganadha Naidoo)." The other instrument, dated the 16th of April 1798, executed by Chundramooly, and addressed to Vencatadry, after stating the assent of the natural parents of Jaganadha, proceeded thus-"Whereupon, you having received him in adoption, by performing the whole ceremonies of Datta Homam, Namacarana, &c., conferring upon him your estate and debts, as well as the right of your Zemindary, executing a paper to my name, promising that no other, except himself, shall have possession of the above, and sending the said paper to me, and desiring to obtain a document from me also, I have written and tendered this agreement, which is to assure you that the said boy is yours, and that he has nothing to do with me any more."

On the 11th of May 1803, Vencatadry caused the ceremonies of marriage to be performed, between Jaganadha, and Atchama, and Rungama, all of them being then children; Atchama, being two or three years older than Rungama. These ceremonies were performed simulta neously.

After the lapse of some years, and in the month of May 1807, Vencatadry married a second wife. Shortly after this second marriage Vencatadry, being desirous of adopting the Respondent, Ramanadha, consulted the learned men attached to his samastanum, who informed him, that such adoption was illegal, and could not be made, expres