Lord Shaw. -

This is an appeal from a decree and judgment of the High Court of Judicature at Madras, dated the 18th Oc tober, 1922, reversing a decree and Judg ment of the Court of the Additional Sub ordinate Judge of Rajahmundry, dated the 29th April, 1921.

The appeal raises a question of fact. One Subbayya died on the 1st Novem ber, 1878, leaving two widows and with out natural issue. His first widow had been for some time separated from him. His second widow resided with him. Some days after his death she adopted the first respondent, a young boy as son to her hus band Subbayya. The boy was accordingly handed over by his natural father whose household he left and he lived and grew to manhood as member of the household of Subbayya's widow, his adoptive mother. The lapse of time between the adoption and the date of suit was about 42 years. The challenge of the adoption is made by the plaintiff, not only of course after the death of Subbayya, but after the death of his senior widow, who died in 1895, and after the death of the Junior widow, the adoptive mother, who survived as long as 1907.

It was not contended before the Court that no adoption was made. It was an adoption perfectly