Lord Atkin-

This is an appeal from the High Court of Judicature at Madras in a suit in which the infant plaintiff suing by his next friend, his father, Gopalkrishna Ayyar, claimed from the defendants possession of the properties of Sitarama Ayyar, who died in January 1922. The plaintiff claims to be the adopted son of Sitarama Ayyar and also to be devisee under a will of Sitarama Ayyar, said to have been made on the day of the adoption and confirming the adoption. The defendants are the widow of Sitarama, the mother of Sitarama, and one Seeni Nadalwar, a lessee of the property. They deny that there ever was any adoption or any will and upon those two issues of fact the case turns. The suit was brought in the Court of the Subordinate Judge of Dindigal. The Subordinate Judge after several days' hearing found against the adoption and the will : the High Court reversed these findings and decided in favour of the plaintiff in both issues. The defendant widow now appeals.

Sitarama, a man of about 46 at the date of his death had married three times. His first two wives had predeceased him, and the only issue a daughter had also died in infancy. About a year or two before his death he had ma