Subba Rao, J.-This is an appeal by the first defendant against the decree and judgment of the Court of the Subordinate Judge of Tanjore in O.S.No. 47 of 1946, a suit filed by the 1st respondent for a declaration that the 1st defendant was not the duly adopted son of the late Shanmuga Velayudha Mudaliar. To appreciate the facts and the contentions of the parties the following genealogy may conveniently be referred to: Shanmugha Velayudha, Thangavelu and Palaniappa were residents of a village called Thiruppanthurthi in Tanjore district. They became divided in 1923. Shanmugha Velayudha married the second defendant and had three children by her, but all of them died. Early in his life he took to bad habits and was keeping a concubine by name Rajathi by whom he had three children. Notwithstanding the partition the brothers were having a joint mess till 1928, but Shanmugha Velayudha was living for two years prior to his death in Tanjore in a house in Sarat Subba Rao’s Lane. Ammani, who was practically discarded by him, was living with his brothers in the family house at Thiruppanthurthi. It is also in evidence that subsequently he discarded Rajathi and transferred his affection to her si

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