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1964 Supreme(Mad) 193

P.S.KAILASAM
Ganga Bayee – Appellant
Versus
P. G. Krishna Rao – Respondent


Advocates:
K.S. Champakesa Iyengar and K.C. Srinivasan, for Appellants; K.S. Desikan and K. Raman for Respondent.

Judgement

JUDGMENT :- Defendants 1 and 2 are appellants. The suit was filed by the plaintiff for possession of A and B schedule properties from the first defendant, vacant possession of C schedule property from the second defendant and possession of D schedule property from the third defendant. The plaintiff claimed to be the adopted son of one Govinda Rao. The adoption was alleged to have taken place on 10-4-44. It was conceded that, if the plaintiff was adopted to Govinda Rao, he would be the nearest reversioner to Jeeva Bayee alias Seetha Bayee who died on 23-5-1955. Jeeva Bayee, during her lifetime, effected alienations. One was in favour of the second defendant under Ex. B.15 dated 7-6-1948. She also gifted a certain item under Ex. B. 5 dated 14-7-1923 to the first defendant's ancestor. The alienees of Jeeva Bayee resisted the suit on the ground that the adoption was not validly made, and that the necessary formalities for valid adoption were not gone through. The trial court found that the plaintiff failed to prove the adoption, and that even if the evidence on record is -held to be sufficient to prove it, it is not valid, as the adoption was not made by the plaintiff's mother









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