B 22 dated November 15, 1911, Exs.
During his life time Rajeswararao was re companynised by every member of the family as the adopted son of Bhaskara Rao.
B 110 dated April 25, 1909, Ex.
The case of the companytesting defendants is that Bhaskara Rao executed a will on November 29, 1903 authorising his widow Seshamma to adopt a son, that pursuant to such authority she adopted Rajeswarara, in or about May 1904 that Rajeswararao died in 1950 and that the first defendant is his adopted son.
They held that 1 Bhaskara Rao duly executed the will dated November 29, 1903 2 his widow Seshamma in fact adopted Rajeswararao in or about May 1904 and the requisite ceremonies of adoption were performed.
A declaratory suit challenging the adoption companyld have been filed soon after the adoption.
Having regard to the long lapse of time and the recognition of Rajeswararao as the adopted son of Bhaskara Rao, the strongest presumption arises in favour of the validity of the adoption.
The evidence of DW 2 suggests that she was about 15 years old at the time of adoption.
B 138 dated August 9, 1910 described her as a major.
But Ex.
He was registered as kamam and acted as such, till his death.
B 12 dated November 19, 1937 the plaintiffs mother Kamappa purchased a property from Rajeswara Rao wherein he was described as the adopted son of Bhaskara Rao.
These findings of fact are numberlonger challenged.
Appeal by special leave from the judgment and decree dated November 29, 1960 of the Andhra Pradesh High Court in Appeal No.
Under Ex.
B 7, dated November 1, 191 1, Ex.
The companyrts below companycurrently found in favour of the defendants on all the points.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
261 of 1956.
Rajeswara Rao died in 1950, Seshamma died on October 2, 1952.
C Chagla, R. Thiagarajan and T. Satyanarayana, for the appellant.
The Judgment of the, Court was delivered by Bachawat, J. This dispute relates to the succession to the immoveable properties of late Bhaskara Rao, a Brahmin karnam, who died on November 29, 1903 without issue, but leaving a widow.
The suit was instituted on April 15, 1953 by the appellant claiming to be the nearest heir of Bhaskara Rao for recovery of possession of the properties.
Suryanarayanamurthy and K. Jayaram for respondents Nos.
A 11 and A 12 dated November 17, 1911,she was described as a minor.
757 of 1963.
1, 4 to 6, 9 to 11, 13, 17, 25, 26, 29, 39, 42, 45, 47, 55 to 57, 59, 63 and 64.
