GURAMMA BHRATAR CHANBASAPPA DESHMUKH NAGAMMA BHRATAR GHANBASAPPA DESHMUKH Vs. MALLAPPA CHANBASAPPA:GURAMMA BHRATAR CHANBASAPPA

JUDGEMENT

(1.) THE following Judgment of the court wu delivered by

(2.) THESE two appeals by certificate arise out of Special Civil Suit No. 47 of 1946 filed by Nagamma, wife of Chanbasappa, for partition and possession of one -sixth share in the plaint scheduled properties with mesne profits. Chanbasappa died possessed of a large extent of immovable property on 8/01/1944. He left behind him three wives, Nagamma, Guramma and Venkamma and two widowed daughters, Sivalingamma and Neelamma, children of his predeceased wife. It is alleged that at the time of his death Venkamma was pregnant and that she gave birth to a mate child on 4/10/1944. It is also alleged that on 30/01/1944, Nagamma, the senior most widow, took her sister's son, Malappa, in adoption. A few days before his death, Chanbasappa executed gift and maintenance deeds in favour of his wives, widowed daughter, a son of an illegitimate son, and a relative. Long before his death, he also executed two deeds -one a deed of maintenance and another a gift deed of some property in favour of Nagamma. We shall deal with these alienations in detail in appropriate places.

(3.) AT the outset it would be convenient to clear the ground and focus our attention on the outstanding points of difference between the parties. The factum of adoption of defendant 3 by the plaintiff is accepted, but its legality is questioned. The fact that the 4th defendant is the posthumous son of Chanbasappa by the 2nd defendant is also not disputed. In the result the following questions only remain to be answered in the present appeals: (1) Whether the adoption of defendant 3 by the plaintiff was void as it was made at a time when defendant 4 had already been conceived. (2) Whether the alienations in favour of defendants 2, 5, 6, 7 and 8 are binding on the members of the family. And (3) What is the share of an adopted soil of a sudra in competition with the natural born son?