IRAWWA ALIAS KANCHAWWA Vs. BASALINGAPPA SHIDDAPPA KARIKATTI

JUDGEMENT

(1.) This second appeal is by the defendants in Special Civil Suit No. 19 of 1957, on the file of the Court of the then Civil Judge, Senior Division. Belgaum. It is directed against the judgment and decree made by the Second Additional District Judge, Belgaum, in Civil Appeal No. 50/65.

(2.) The relevant facts, briefly stated, are as follows. The suit of the respondent was for a declaration that the second appellant herein was not the adopted son of the first appellant the widow of one Basawantappa Karikatti It is also contended that by virtue of a Will executed by Basawantappa Karikatti on 26-4-1917, when he was hardly 18 years of age, the property should devolve upon the respondent's father after the death of the first appellant, the widow of Basawantappa Karikatti. Within three days of the execution of the Will, the testator died of cholera. It is alleged that the second appellant herein has been taken in adoption by the first appellant in the year 1955 contrary to the prohibition contained In the said Will. The defence of the appellants is that the said Will is forged one and that the second appellant has been adopted on 26-11-1955 and the same is evidenced by a deed of adoption. Exhibit 105, dated 1-12-1955.

(3.) The trial Court came to the conclusion that the Will was genuine and that the adoption of the second appellant was invalid and, therefore, the respondent-plaintiff would be entitled to the declaration sought. The suit was, therefore, decreed. In appeal, the said judgment and decree were confirmed. Hence this appeal.