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1935 Supreme(SC) 33

Krishnayya Rao and another – Appellant
Versus
Venkata Kumara Mahipathi Surya Rao – Respondent


Advocates Appeared:
S.L. Palak, Sambasiva Rao, C. Sidney Smith , L. DeGruyther, W.H. Upjohn, P.V. Subba Row, A.M. Dunne

Sir George Lowndes:-

This appeal was before the Board in June 1933, when a preliminary point was considered as to the admissibility of certain evidence which had been rejected by the Indian Courts. As the result of that hearing an order of His Majesty in Council was promulgated by which the evidence in question was declared to be admissible, and the case was remanded to the High Court for fresh findings upon certain of the issues to which the evidence related. It now comes back to the Board, with the findings of the High Court, for final disposal of the appeal. The relevant facts are set out at length in the judgment delivered by Lord Russell of Killowen on 30th June 1933 : Krishnayya Surya Rao v. Rajah of Pittapur,1933 PC 202=145 IC 216=60 IA 336=57 Mad 1 (PC), and it is only necessary now to summarise them very briefly. The suit out of which the appeal arises was brought by the respondent praying for a declaration that the adoption of the first appellant by the first defendant, since deceased, and now represented by the second appellant was invalid. The adoption involved the right of succession to the Gollaprolu estate which had formed part of the Pittapur Raj, an important zemind




































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