Venkataramana Rao, J.

1. This second appeal raises a question of some difficulty and importance in the Hindu law of adoption. The facts are undisputed and may be briefly stated. One K. Ramaswami Pillai had four sons namely, defendants 1 and 2,. K.R. Karuppanna Pillai the deceased husband of the 6th defendant and K. R. Ramaswami Pillai the deceased husband of the next friend of the minor plaintiff. They formed members of an undivided family. K. R. Ramaswami died in November, 1924 issue-less leaving his widow Chellathayi. Karuppanna died in 1924 leaving his widow Parvathi the 6th defendant. Ramaswami Pillai the father died in 1929. In the middle of 1936 defendants 1 and 2 effected a partition and divided the joint family properties between themselves. Subsequent to the partition Chellathayi adopted the plaintiff on 25th January, 1937. and the 6th defendant adopted the 3rd defendant on 31st January, 1937. This suit is by K. R. Ramaswami Pillais adopted son the plaintiff by his adoptive mother Chellathayi for recovery of one-fourth share of the property. The main defence is that the adoption, having taken place subsequent to the partition, it was invalid and in any event the est