S. J. Imam, J. - (1.) 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 persons appointed by me in paragraph 14; should Veeravva die before making any adoption, the persons becoming trustees should arrange for the adoption of .a boy for the continuation of my family in accordance with my kulachara (family usage)". At this stage it is unnecessary to refer to the other provisions of the will of Kari Veerappa. This gentleman died on October 23, 1920. After his death, his widow made two attempts to adopt a son in accordance with his will. The first attempt was in 1939 which did not accomplish the purpose of the will as the person alleged to have been adopted died. The validity of this adoption was being questioned, but as the boy said to have been adopted had died, efforts to dispute the adoption did not materialise. Veeravva thereafter, on October 11, 1942, adopted second defendant, Sesalvada Kotra Basayya. Two documents in this connection are on the record. The first document is Exbt. D-25 dated the 18th of September, 1942 which was a registered agreement to adopt the second defendant. The second document is also a registered document; which is described as the deed of adoption and is dated June 23, 1943. This clearly states that on October 11, 1942 Veeravva had adopted the 2nd defendant. Reference was also made in this document to the agreement of September18, 1942. The appellant claiming to be the nearest reversioner of Kari Veerappa filed the present suit asking for a declaration that the, adoption of the second defendant by Veeravva was invalid and not binding on the appellant or the other reversioners to the estate of the late Kari Veerappa.
(3.) The suit filed by the appellant was heard by the District Judge of Bellary who dismissed it. The appellant appealed to the High Court of Madras. His appeal was dismissed and the decision of the District Judge was substantially affirmed. The High Court did not allow compensatory costs granted by the District Judge, nor did it agree with his finding that the appellant had failed to prove the relationship he had propounded and that he was not a reversioner at all, far less the nearest reversioner. In the opinion of the High Court, the appellant was a relative and a reversioner, though he had not proved that he was the nearest reversioner alive at the time the appeal was heard and that he need not prove this until he actually sought to recover possession of the property after Veeravva's death.;