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1958 Supreme(AP) 158

BHIMASANKARAM, MUNI KANNIAH
Rajulapati Somiah – Appellant
Versus
Rajulapati Rattamma – Respondent


( 1 ) THIS appeal arises out of a suit for setting aside an adoption instituted by the appellants. The three of them are brothers and sons of one Lakshmiah older brother of Ramaswamy, the deceased husband of Rattamma, the 1st defendant. The 2nd defendant is the boy adopted by Rattamma. He is the son of Rajamma, daughter of Rattamma and Ramaswami. Rajamma was married to Ramayya a bro-her of Rattamma. The plaintiffs case is that the alleged adoption of the 2nd defendant by Kattamma on 5-6-1950 is neither true in fact nor valid in law. While maintaining that the adoption set up did not at all take place, they contend that, assuming that it did, it is invalid for the reason that their consent thereto --they being the nearest sapindas-- was not obtained. The defendants, on the other hand, assert that the adoption is true; they also maintain that the adoption is valid in spite of the fact that the plaintiffs withheld their consent to the adoption. Their case is that as the plaintiffs improperly refused to assent to the adoption, the widow obtained the approval of Sapindas next in rank particularly of one of two agnates nearest in relationship to her husband, the other, too having imprope

















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