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1958 Supreme(SC) 181

J.L.KAPUR, S.R.DASS, SYED JAFAR IMAM
Gummalapura Taggina Matada Kotturuswami. – Appellant
Versus
Setra Veerawa – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.K.B.Naidu, K.N.RAJAGOPAL SASTRI, K.R.CHAUDHARY, M.S.K.Shastri

Judgment

S. J. IMAM, J. : This appeal is before us on a certificate granted by the High Court as according to that Court a substantial question of law arose in the case which was stated by it to be

"Is the adoption of the second defendant invalid, as the approval or consent of the five trustees mentioned in paragraph 14 of the will of Kari Veemppa, Ext. P-2 (a) was not obtained; and is the authority to adopt at an end if any one of those five persons did not accept the trusteeship or died before the adoption or refused to give their approval." In view of certain matters about to stated, the question of law as propounded by the High Court does not require to be considered.

2. Kari Veerappa was the last male owner of the estate mentioned in his will Ext. P-2 (a), which he executed on October 10, 1920. Under this will he authorized his wife Setra Veeravva, first defendant to adopt a son for the purpose of continuation of his family as he had no issue. The authority to adopt was in the following terms:

"I have given her permission to adopt as many times as would be necessary should the previous adoption be unsuccessful . But Veeravva must a adopt only a boy approved by the respectable pers























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