H P VEERESH Vs. CHANNABASAMMA

JUDGEMENT

(1.) The appellant was plaintiff before Munsiff, Chitradurga in Original Suit No. 359 of 1980. He sought for a declaration that he is the joint owner of the suit properties along with his adoptive mother the defendant and permanent injunction to restrain her from alienating or disposing of the suit properties. The suit was decreed in the first Court in favour of the plaintiff. The appeal preferred by the defendant came to be allowed and thereby the suit stands dismissed. It is against this judgment and decree of Civil Judge, Chitradurage that the plaintiff has preferred the present appeal.

(2.) The following facts are undisputed in this appeal. The suit properties formerly belonged to Panchaksharappa the husband of defendant who died on 14-5-1970. At the time of death of Panchaksharappa there was no other coparcener in his family and the only heir left by him was his wife the defendant and that she succeeded to her deceased husband in respect of the suit properties. The plaintiff was adopted by the defendant by a registered adoption deed dated 10-12-1972.

(3.) It has to be seen whether in view of these undisputed facts the plaintiff became the joint owner of suit properties along with his adoptive mother the defendant, by virtue of his adoption.