Miller, J.

1. The appellant is the son of the late Zamindar of Bodinayakanur who died on the 15th of December 1888. The principal question which we have to decide is whether his mother Karuppayee the 4th defendant in the suit, was married to the Zamindar or not. The Subordinate Judge has found that she was not married, and I concur in that conclusion. It is conceded that there were no marriage ceremonies performed; it is conceded that there are ceremonies ordinarily in use in Kumbala caste to which the Zamindar belonged. The lady was a lady of a different caste, of the Marava caste--the daughter--so far as we know--of an agriculturist who lived in the town of Bodinayakanur. It is conceded that there is a secondary form of marriage which in Ramasami Kamaya Naik v. Sundaralingasami Kamaya Naik (1893) I.L.R. 17 M. 422, was found to be a legal marriage in this caste in the Saptur Zamindary and it is conceded that that form of marriage was not made use of on the occasion of the union of the Zamindar and the 4th defendant. What is alleged is that there was a marriage by mutual consent of both parties. The lady said that she would not go and live with the Zamindar if he did not mak