NARASIMHAIAH SETTY Vs. GOVINDAPPA NAIDU

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated June 30, 1975 made by the Civil Judge, Kolar in O.S. No. 15 of 1966 by which the suit of the appellant for declaration of his adoption was dismissed. The facets briefly stated are these:

(2.) On August 9, 1965, Narasimhiah- the plaintiff was taken in adoption by an issueless couple Achiah Setty and Vishalakshamma. Subbiah Setty was the natural father of Narasimhiah. The adoption ceremony was followed by the execution and registration of a deed of adoption. Achiah Setty was then the sole surviving coparcener in possession of his family properties which are items 1 and 2 in the plaint schedule. On January 28, 1966, Achiah Setty without the knowledge of the adopted son, sold item No. 1 to Honnappa Gupta -defendant-7-for Rs. 15,000. On June 28, 1966 Achiah Setty died leaving behind his, wife and the aodpted son. On October 31, 1966, the adopted son brought the suit out of which this appeal arises. The suit was for a declaration that be is the adopted son of Achiah Setty and as such he and his adoptive mother are entitled to the plaint schedule properties, with a right to recover rents from defendants 2 to 6. Defendants 2 to 6 are the tenants occupying the shop premises in item No. 1 which comprises a house and five shops at Kolar town.

(3.) Defendant-7 like any other alienee naturally resisted the suit. His first attack was at the plaintiff. He contended that the plaintiff was not validly adopted and even if he was validly adopted, he acquired no rights in the plaint schedule properties. He also contended that in any event the alienation by Achiah Setty was valid and binding on the plaintiff since it was to discharge the antecedent debts.