JUDGEMENT
Reddy, J. -
(1.) The appeals raise common questions of law and fact and could therefore be disposed of together.
(2.) The facts giving rise to these appeals could be stated in a few words. One Potaraju Sreeramulu had a son Venkata Subba Rao and a grand-son Ramakrishna Rao. Both of them predeceased him. The son died in February 1947 and the grand-son on 1/12/1945, the latter leaving a widow by name Papayamma. Sreeramulu had also a daughter by name Chittamma whose daughter is the afore-mentioned Papayamma. On the death of Venkata Subba Rao misunderstandings arose between Sreeramulu and his son-in-law i.e., the husband of Chittamma consequent upon the latters attempt to get at all the properties of Sreeramulu. The son-in-law set up one Chenchal Rao to claim to be the adopted son. of Sreeramulu. In this state of strained feelings, Sreeramulu executed a will bequeathing all his properties to his wife Ramayamma and also conferring power on her to adopt a boy. Pursuant to this authority, Ramayamma adopt-ed one Srinivasa Sarma who is one of the parties to the litigation and the respondent in all these appeals, on 22-8-1948 and also executed a deed of adoption evidencing it. She also settled on him the properties which she acquired under the will of her husband as also her stridhana properties. More than a year thereafter, Papayamma took one Parthasarathi Rao who is the appellant in all these appeals in adoption. Several suits were filed in the court of the District Munsiff, Masulipatam, by Ramayamma and her adopted son Srinivasa Sarma against Parthasarathi Rao and some others for the recovery of possession of various items of property and for profits. All the suits ended in decrees in favour of the plaintiffs which were confirmed on appeal.
(3.) The aggrieved defendant Parthasarathi Rao has carried these matters in second appeal which open up some questions of importance. Though in the trial court, the validity of the appellants adoption was challenged on several grounds, it is not brought into question in these appeals. We may, therefore, proceed on the basis that Parthasarathi Rao was validly adopted by Papayamma.;
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