BASAVARAJAPPA Vs. GURUBASAMMA

JUDGEMENT

(1.) This appeal by grant of special leave is directed against the final judgment and decree dated 19.12.1997 in Regular Second Appeal No. 454 of 1991 passed by the High Court of Karnataka at Bangalore. The learned Single Judge with some modifications regarding the share to be inherited by the parties has affirmed the judgement and decree passed by the first appellate court in RA No. 31 of 1985. The first appellate court has reversed the judgment and decree passed by the trial court in OS No. 23 of 1983.

(2.) To appreciate the dispute between the parties, it would be useful to refer to the inter se relationship of the appellant and the respondents. The genealogy tree of the family is as under:

(3.) Narasappa died intestate on 13.05.1982 leaving behind an adopted son the appellant herein and seven daughters and a granddaughter. The appellant is the son of Shankarawwa, daughter of Narasappa, who had predeceased him. Narasappa adopted the appellant on 9.05.1978. His natural father gave him in adoption. The ceremonies of giving and taking in adoption were performed in the house of Narasappa in the presence of their spiritual guru. Narasappa got the adoption registered as well on 14.12.1978 which has been signed both by Narasappa and the natural father of the appellant. Narasappa owned ancestral property consisting of land and houses described in Schedule 'A' attached with the plaint.