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1947 Supreme(Mad) 145

LORD THANKERTON, LORD UTHWATT, LORD DU PARCQ, SIR MADHAVAN NAIR, SIR JOHN BEAUMONT
Ghanta China Ramasubbayya and another – Appellant
Versus
Moparthi Chenchuramayya, minor and others – Respondent


Advocates Appeared:
P.V. Subba Rao and R.A. Parikh for Appellants.
A.G.P. Pullan for Respondents.

Sir Maphavan Nair.-

This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated 22nd April, 1941, which reversed a judgment and decree of the Court of the Subordinate Judge of Bapatla, dated 31st January, 1939.

The plaintiffs are the appellants before the Board. The appeal arises out of a suit to set aside an adoption. The following genealogical table shows the relationship of the persons concerned in the appeal:

The parties are governed by the Mitakshara School of Hindu law as administered in the Andhra country, in the Madras Presidency. Moparthi Venkayya, their common ancestor, had two sons, Perayya and Pitchayya. Pitchayya was divided from Perayya. The respondents are the descendants of Perayya while the appel-ants are the descendants of Pitchayya. Pitchayya, who had three wives, died in 1884, leaving surviving him a widow Pullamma and a daughter by his first wife, Punnamma (predeceased) who has two sons-the appellants before the Board. On 22nd March, 1937, Pullamma adopted Chenchuramayya (3rd defendant, Respondent No. 1). Her husband had not given her power to adopt. Before the adoption she had obtained consent to the adoption of all her husband’s













































































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