NEELAWWA Vs. KALLAPPA BASAPPA NHAVI

JUDGEMENT

(1.) The question raised in this second appeal is whether the power of a widow to adopt comes to an end by the interposition, of a son's widow, the son pre-deceasing his father.

(2.) The facts are not in dispute. The question can properly be appreciated by reference to the following genealogy : <IMG>JUDGEMENT_373_MYSLJ1_1972Image1.jpg</IMG> Balappa, son of Basawanneppa, had two wives Basalingawwa and Shettawwa. Basalingawwa died long back leaving a son Gangappa behind her. After the death of Basalingawwa, Balappa married Shettawwa, defendant No.2 and Gangappa married Neelawwa, Defendant No.3. Gangappa died in the year 1939 without issues, as a member of the joint family leaving surviving him the widow Neelawwa. Balappa died in September, 1947, leaving his second wife Shettawwa. The family continued to remain joint.

(3.) Ten or fifteen days alter the death of Balappa, that is, on 15-9-1947, Shettawwa took Kallappa defendant No. 1 in adoption to Balappa. On 6-12-1949, defendant No. 3 Neelavva adopted the plaintiff. On 6-2-1950, the Plaintiff brought the suit challenging the facturn and validity of adoption of Kalappa and also for recovery of possession of the family properties, with the alternate relief for partition and separate possession of his share in case the adoption of Kallappa is held to be valid, and, if for any reason separate possession cannot be granted, he prayed for joint possession.