GOLLAPALLI NARSI REDDI Vs. RODDAM RAMI REDDI
HIGH COURT OF ANDHRA PRADESH
GOLLAPALLI NARSI REDDI
RODDAM RAMI REDDI
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(1.) The appellant is the plaintiff. He instituted a suit in the Court
of the District Munsif, Dharmavaram, for a declaration that the adoption of the
first defendant by the third defendant is neither true nor valid nor binding on him.
The second defendant was impleaded as the elder brother of the first defendant and
it is unnecessary to notice him hereafter in this Second Appeal.
(2.) The main defence was that the adoption was true, valid and binding on the
plaintiff. The trial Court held that the adoption was not true and that the agreement of
adoption, Exhibit B-1 dated aand May, 1942, was a false and ante-dated
document. Consequently, it dismissed the suit. On appeal, the Additional District Judge,
Anantapur, reversed the finding of the trial Court and came to the
conclusion that the adoption was true as "well as valid. He, therefore, decreed the
suit. The plaintiff has now come up in Second Appeal challenging the correctness
of the decision of the lower appellate Court regarding the validity of the adoption.
(3.) The adoption of the first defendant by the third defendant was in Dwyamushyayana form.
This is common ground. Exhibit A-1 is the agreement entered
into between the natural father of the first defendant on the one hand and the third
defendant as the adoptive father on the other, with the avowed object of making
the first defendant remain at the same time the son of both his natural father and
his adoptive father. Thus, under the adoption in question, the first defendant
was to be the son of two fathers. An intended consequence of this appears to be
that the first defendant would inherit in the family of his natural father as also in
that of his adoptive father. Perhaps both these families would also inherit to him.
The natural father of the first defendant is the maternal uncle of the third defendant.
It is admitted that at the time of adoption the first defendant's natural father had
several sons. The plaintiff is the after-born natural son of the third defendant.;
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