K. GNANAPRAKASAM, J.

This Letters Patent Appeal has been filed against the decree and judgment of the learned single Judge of this Court in A. S. No. 1187 of 1994 dated 4-3-1999*. The core question raised in this appeal is as to whether the adoption of a female, prior to the passing of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) is valid under law?

*Reported in (1999) 3 Mad LW 294.

2. One Parameswari alias Ramabai filed a suit in O.S. No. 11 of 1984 on the file of the Sub-Court, Thiruvallur for partition and separate possession of 1/2 share, claiming that she was the adopted daughter of Kuppusamy Naicker. The said Kuppusamy Naicker had three wives. His first wife Neelammal died issueless. His second wife, Rajammal, the first defendant also died issuelss. The second defendant is the daughter born to the third wife.

3. The case of the plaintiff's is that she was adopted by Kuppusamy Naicker and Rajammal (the first defendant) as per Hindu rites and customs before the birth of the second defendant. Kuppusamy Naicker had left all the items of the suit properties. During the pendency of the suit, the second wife of Kuppusamy Naicker died and therefore, the plaintif