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1944 Supreme(Mad) 169

KING
Krishna Ayyar – Appellant
Versus
Gomathi Ammal – Respondent


JUDGMENT

King, J.

1. This appeal arises out of a suit brought by the plaintiff in the Court of the learned Subordinate Judge of Tinnevelly with the main purpose of obtaining a declaration, that the adoption of defendant 2 is untrue in fact and, in any case, invalid. The plaintiff is the son of the sister of one Sundaram Ayyar, who died in April 1925. Besides his sister, defendant 6, Sundaram Ayyar left a widow, defendant 1, and is said to have left a will by the terms of which he authorized his widow to adopt a son. It is the case of the widow, defendant 1, and the alleged adopted son, defendant 2, that defendant 2 was, in fact, adopted on 13th September 1925 in pursuance of this authority so given. The plaintiffs case is that there was no actual adoption on 13th September 1925, or at any other time, and that the will itself is not genuine, and, therefore, there was no such authority conferred by Sundaram Ayyar on his widow. The plaintiff states that he was born on 16th July 1920 and therefore, as he became of age in July 1938 and has brought this suit in June 1941, he contends that it is not barred by the law of limitation. It must now be stated that the question of the fact and val













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