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1917 Supreme(Mad) 323

J.WALLIS
Doraisami Pillai – Appellant
Versus
Chinnia Goundan – Respondent


JUDGMENT

John Wallis, C.J.

1. This is an appeal from a decision of the Subordinate Judge of North Arcot, dismissing a suit by the plaintiff for redemption of the mortgage Ex. VII executed by the senior widow of the last male owner on the 27th February 1875, and also for a declaration that a lease executed by her previously on the 28th October 1874 (Ex. XIII) is not binding on the plaintiff. The plaintiffs suit was based on the alleged adoption of his father by the junior widow of the last male owner in the year 1879. The last male owner died about the year 1850 and there is really no evidence of any authority given by him to his widow to make the adoption. Another question which arises is whether one widow could adopt without the consent of the other widow and then there is the question whether the adoption was made with the consent of the sapindas. On the latter question the Subordinate Judge has found that it is not shown that the adoption was made either with the consent of the senior widow or the sapindas. The next reversioner comes forward now as plaintiffs 1st witness and says that he was present and consented. But in 1890 he filed a suit to declare the adoption invalid and lit



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