RAVIAPPA Vs. NILAKANTA RAO

JUDGEMENT

(1.) THESE appeals are companion appeals. They can be best dealt with in one judgment. R.A. No.(B) 56/56 arises out of Special Civil Suit No.38 of 1949 on the file of the learned Civil Judge (Senior Division) at Bijapur. R.A. No.(B) 57/56 arises out of the decision in Special Civil Suit No.5 of 1949 on the file of the same Judge, They had been tried together and disposed of in one judgment by the Court below.

(2.) THE first plaintiff in S.C.S. No.5/49 and the plaintiff in S.C.S. No.38/49 claim to have been adopted to the family of the Nadgoudas of Baldinni -a rich family of Watandars. In the course of this judgment I shall refer to the parties as arrayed in S.C.S. No.5/49. The first plaintiff in that suit (2nd plaintiff has died pending trial) is the appellant in R.A. No.(B) 57/56. The fourth defendant in that suit (who is the plaintiff in S.C.S. No.38/49) is the appellant in R.A. No.(B) 56/56. Hereinafter reference to the 'plaintiff' means the first plaintiff in S.C.S. No.5/49. When occasion arises to make any reference to the second plaintiff, she will be specifically referred to as the second plaintiff. The evidence oral and documentary was mainly received in S.C.S. No.5/49. Hence when reference is made to witnesses or Exhibits during the course of this judgment, it is as mentioned in S.C.S. No.5/49; A few documents have been marked as Exhibits in S.C.S. No.38/49 and they will be specifically referred to whenever necessary.

(3.) IN the suit the plaintiff has prayed for a declaration that he being the adopted son of Ravjeppa, is entitled to get his name entered in the Watan Register as holder of the suit properties and to receive a half share in the cash allowance described in Schedule E to the plaint. He also prayed for partition and separate possession of a half share in all the suit properties, with future mesne profits and costs. The fourth defendant, claiming to be the adopted son of Shankrappa II, has claimed partition of the family properties and possession of 1/4th share in them.