AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 162 wordsThe 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 ILR 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.