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1927 Supreme(Mad) 385

CURGENVEN
Muppidathi Ammal – Appellant
Versus
Muthuswami Pillai – Respondent


JUDGMENT

Curgenven, J.

1. The first question in this second appeal is as to the meaning to be attached to the word " Santhathi " as used in the compromise Ex. D; whether it includes an adopted as well as a natural born son. There is perhaps a significant difference between the phrasing of Ex. C embodying the provision made by Nainar Pillai in favour of his daughter Piramu Ammal born after the adoption of his son, and Ex D, the compromise now in question, for, in the former, the words used are:

if issue (santhathi) are not born to (or forthcoming from) you, which seems clearly to exclude an adopted son, while in the latter the expression is:

if the defendant has no issue (santhathi).

2. The phrase appears to me to be fully compatible with the view that both a natural and an adopted son was contemplated, for there is no doubt that in ordinary Hindu usage expressions signifying " offspring," "progeny"," issue ", though in English they are ordinarily restricted to natural children, include children adoption. One would, therefore, expect the word to have been accompanied by some appropriate qualification had it been intended to exclude an adopted son. This was the meaning attached to the wor





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