1948 (2) TMI 21 - Other - Indian Laws

Summary

Issues Involved:
1. Validity of the adoption of Raja Somasekhara Royal to the Javalagiri Zemindar.
2. Validity of the adoption of the respondent by the senior widow of the late Raja.
3. Order as to costs passed by the High Court.

Detailed Analysis:

1. Validity of the Adoption of Raja Somasekhara Royal to the Javalagiri Zemindar:
The appellant claimed that Raja Somasekhara Royal was validly adopted to the Javalagiri Zemindar by his widow, Umabai, and thus ceased to be a member of the Punganur family. The appellant needed to establish both the factum and the validity of this adoption. The Subordinate Judge held that Raja Somasekhara had been validly adopted, but the High Court disagreed, stating that the appellant had not proved that Umabai had the authority of her husband to adopt. The High Court found it impossible to hold on the oral evidence that Venkata Mahipal had authorized Umabai to adopt. The High Court also rejected certain documentary evidence (Exs. JJJ, KKK, LLL, and MMM) as inadmissible, which purported to support the claim of authority to adopt. The Privy Council agreed with the High Court's conclusion, noting that the documents were copies of copies and not originals, and there was no satisfactory evidence that the originals ever existed. Additionally, Umabai's conduct and assertions of authority were deemed insufficient to establish the validity of the adoption.

2. Validity of the Adoption of the Respondent by the Senior Widow of the Late Raja:
The appellant admitted the factum of the respondent's adoption by the senior widow of the late Raja but contended that it was invalid for lack of the husband's authority and the consent of the nearest sapindas. The Subordinate Judge held that the adoption was valid due to the oral authority given by the late Raja. However, the High Court held that the oral authority was not established and that the requisite consent of the nearest sapindas was not obtained, thus deeming the adoption invalid. Since the High Court found the adoption of Raja Somasekhara invalid, the question of the respondent's adoption did not arise for consideration. The respondent, being the only brother's son of the late Raja, was deemed the nearest heir and entitled to succeed to the zamindari.

3. Order as to Costs Passed by the High Court:
The High Court observed that the plaintiff had succeeded on almost every point except the validity of Raja Somasekhara's adoption and that the defendant's evidence was held to be untrue. Therefore, it ordered that each party bear their own costs throughout both the appeal and cross-objections. The respondent filed a cross-appeal against this order. The Privy Council found that the High Court had given sufficient reasons for its order and advised that the cross-appeal be dismissed but without costs.

Conclusion:
The appeal was dismissed with costs, and the cross-appeal regarding costs was also dismissed but without costs. The Privy Council upheld the High Court's findings that Raja Somasekhara's adoption was invalid and that the respondent, as the nearest heir, was entitled to the zamindari.