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Chinna Obayya Vs. Sura Reddi and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad226
AppellantChinna Obayya
RespondentSura Reddi and anr.
Cases ReferredHanumantamma v. Rami Reddi I.L.R.
Excerpt:
hindu law - i llatom son-in-law--right to partition. - .....custom and can only be determined upon evidence taken as to the custom. such a question was indeed raised in hanumantamma v. rami reddi i.l.r. 4 mad. 272 but was not decided in that case. the judge should, therefore, have acceded to the plaintiff's request to permit him to adduce evidence as to the custom alleged to be one of the incidents of an illatom adoption. we must, therefore, reverse the decree of the judge and remand the case for re-trial, directing the eleventh issue to be dropped altogether and the following issue to be substituted for it, viz., whether it is one of the incidents of an illatom adoption that the adoptee may demand partition from his father-in-law. the costs hitherto incurred will be provided for in the revised decree.
Judgment:

1. The question whether an illatom son-in-law can demand partition from his father-in-law is not a pure question of law, as the Judge has treated it, but one that depends upon custom and can only be determined upon evidence taken as to the custom. Such a question was indeed raised in Hanumantamma v. Rami Reddi I.L.R. 4 Mad. 272 but was not decided in that case. The Judge should, therefore, have acceded to the plaintiff's request to permit him to adduce evidence as to the custom alleged to be one of the incidents of an illatom adoption. We must, therefore, reverse the decree of the Judge and remand the case for re-trial, directing the eleventh issue to be dropped altogether and the following issue to be substituted for it, viz., whether it is one of the incidents of an illatom adoption that the adoptee may demand partition from his father-in-law. The costs hitherto incurred will be provided for in the revised decree.


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