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1951 Supreme(Mad) 288

SATYANARAYANA RAO, RAJAGOPALAN
Aravamudha Iyengar formerly a minor since declared major and his guardian discharged – Appellant
Versus
Ramaswami Bhattar – Respondent


Advocates:
T.M. Krishnaswami Aiyar and R. Rangachari for Appellant.
T.V. Muthukrishna Aiyar, T.A. Anantha Aiyar, D. Ramaswami Aiyangar and P.S. Srinivasa Desikan for 1st and 2nd Respondents.

Judgment.-

The first defendant whose adoption has been declared invalid by the Sub-Court, Tiruchirapalli, is the appellant before us. The following pedigree explains the relationship between the parties:

Ramaswami Bhattar and Kuppa Bhattar were two brothers. The plaintiff is the grandson of Ramaswami Bhattar. The plaintiff’s father Rangaraja Bhattar died on the 5th March, 1942. Kuppa Bhattar had a son Krishna Bhattar and a daughter Ponnammal, the second defendant. Krishna Bhattar was married to Rukmini Ammal. Krishna Bhattar was born on the 3rd December, 1887, but died on 6th June, 1901. On the date on which he died, he executed what purports to be a will but what was in fact an authority to adopt, a registration copy of which has been marked as Ex. P-3 in the case. At the time of his death, Krishna Bhattar was below 14 years of age. The will was presented for registration after his death by Srirangammal, his mother, on 6th August, 1901. There was an elaborate enquiry after due notice to the parties by the Sub-Registrar, who, however, by his order, dated 30th October, 1901, refused to register it. There was an appeal to the District Registrar, and on 22nd February, 1902, he directed

















































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