MALLAPPA GIRIMALLAPPA BETGERI Vs. R YELLAPPAGOUDA PATIL

JUDGEMENT

(1.) THE following Judgment of the court wasdelivered by

(2.) THE relationship of the parties will appear from the following genealogical table.(See genealogical table on next page.)

(3.) THE appellant claims both these properties as his separate properties. His case is as follows: On 3/11/1903, that is, soon after her husband's death, Gangawa, thewidow of Karabasappa, whom we shall hereafter refer to as Gangawa adopted him as a son unto her husband Later, doubts having arisen as to the validity of this adoption, the appellant on 12/08/1904 got Gangawa to adopt one Irangouda, the husband of ,a sister of his, as Karabasappa's son. THE"K" properties belonged to Karabasappa. Irangouda, as the owner of the "K" properties by virtue of the aforesaid adoption, transferred them to the appellant by a deed of sale executed on 13/6/1905. THE deed stated that as consideration for the safe the appellant paid to Irangouda Rs. 2,000.00 but this statement was false and in fact the transfer was really by way of gift and entirely without consideration THE other properties were purchased out of the income of the "K" properties. It is on this basis that the appellant contends that none of these properties was joint property.