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PETITIONER: AL. PR. RANGANATHAN CHETTIAR
Vs.
RESPONDENT: AL. PR. AL. PERIAKARUPPAN CHETTIAR(and connected appeal)
DATE OF JUDGMENT: 24/05/1957
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. SINHA, BHUVNESHWAR P. MENON, P. GOVINDA
CITATION: 1957 AIR 815 1958 SCR 218
ACT: Will-Constyuction-Disposition to adopted son, R--Adoption invalid-Whether R takes Property as persona designata. Deed- Construction-Trust, Whether created-Language of deed ambiguous-Subsequent conduct of Parties-Burden of proof.
HEADNOTE: P adopted A in 1914 but on account of the acute differences which arose between them later, he made a second adoption of the first appellant in 1926 on the footing that such an adoption was permitted by special custom in Nattukottai Chetti families. In the partition suit filed by A for himself and on behalf of his minor son, the first respondent, the validity of the second adoption was challenged, but the matter was compromised by a Rajinama under which P was directed to pay the plaintiffs therein Rs. 75,000 each separately in lieu of their right to partition. Under the terms of para 3 of the Rajinama and the hundi executed by P in favour of the first respondent, the amount was to be paid to the order of three persons, viz., the father and mother of the first respondent and C, and the amount itself was to be investe...