Sir Madhavan Nair.-

This is a consolidated appeal and cross - appeal, from a decree of the High Court of Judicature at Madras dated 1st November 1940, affirming a decree of the Subordinate Judge of Chittoor dated 4th November 1935.

[2] The plaintiff is the appellant before the Board; defendant 2 is respondent 1, hereinafter called the respondent. He is the main contesting respondent, and he has filed the cross - appeal.

[3] The dispute in the appeal is concerned with the succession to the impartible estate of Punganur, known as the Punganur Zemindari, situated in the Chittoor district of the province of Madras. Succession to the Zemindari is regulated by the rule of lineal primogeniture and it devolves on the senior male member nearest to the last holder by right of survivorship. The estate is subject to the Madras Impartible Estates Act (Act 2 [II] of 1904).

[4] The last holder of the Zemindari, Raja Sambasadasiva, died in 1923, without leaving any male issue. As the paternal uncle of the late Zemindar, the appellant claimed the estate as the nearest heir. This claim was resisted by the respondent, the son of the late Zemindar's natural brother, on the ground that he had been validly adopted to the late Zemindar by his senior widow and he was thus the rightful successor.

[5] Before stating in detail the contentions, of the parties, it will be useful to notice the following pedigree of the family subsequent to the year 1897, which will show the relationship of the parties concerned in this appeal.

RAJA SANKARA ROYAL

(died 1897).

Raja Vira Basava Chikka Royal Kumara Chikka Royal Mahadeva Royal died 20 - 10 - 1911. died 26 - 3 - 1930. (Plaintiff-Appellant).

Raja Sambasadasiva Royal Somasekhara Royal (adopted (1913) to (died 19 - 11 - 23) married Javalagiri Raja) (defendant 1)

(a) Rani Virammanni (defendant 3). (died 1932).

(b) Rani Nanjammanni (defendant 4).

Virabasava Chirka Royal Daughter. defendant 2 (Respondent 1)

adopted (3 - 12 - 23) by Rani Virammanni (the Senior widow of the last zemindar).

[6] Raja Sankara Royal, the Zemindar of Punganur, who died in 1897, left three sons, Raja Vira Basava Chikka Royal, Kumara Chikka royal and Mahadeva Royal, the appellant. On the death of Raja Sankara Royal, the eldest son, Raja Vira Basava, succeeded to the Zemindari. Raja Vira Basava died on 21st October 1911, leaving two sons, the late Raja and his brother Raja Somasekhara Chikka Royal, defendant 1 and the natural father of the respondent. On the death of Raja Vira Basava, the late Raja succeeded to the Zemindari. As stated before, he died without leaving any male issue, but he left him surviving two widows, Rani Virammanni and Rani Narjammanni, impleaded as defendants 3 and 4, a daughter, and his brother (defendant 1). On 3rd December 1923, Rani Virammanni, the senior widow of the late Raja, adopted the respondent Kumara Chikka Royal, the second son of Raja Sankara Royal, died on 26th March 1930; and the appellant, his brother, instituted the suit out of which this appeal arises on 16th October 1931. Raja Somasekhara died in 1932, soon after the institution of the suit. He had not filed any written statement.

[7] The appellant alleged that Somasekhara Royal had been validly adopted in 1913, to Venkata Mahipal, the Javalagiri Zemindar by his widow Umabai; that he thus ceased to be a member of the Punganur family, and that on the death of Kumara Chikka Royal on 26th March 1930, he as the paternal uncle of the late Zemindar, was his nearest heir. The appellant admitted the factum of the respondent's adoption to the late Zemindar by his widow, but contended that it was invalid in law for want of her husband's authority, and the consent of the nearest sapindas. The Zemindar of Javalagiri and his wife Umabai were closely connected with the Punganur family.

[8] The respondent pleaded that the alleged adoption of his father to the Javalagiri Zemindar was neither true in fact, nor valid in law; that his own adoption by the senior widow of the late Zemindar