BHEESMARAJA Vs. RADHABAI

JUDGEMENT

(1.) This appeal is directed against the judgment in OS No.51/2005 by learned Additional Civil Judge (Sr.Dn) Raichur, on 10/12/2007 which came to be confirmed in RA No.3/2008 by the learned Principal District Judge, Raichur, on 22/1/2010, whereby the suit for partition by the appellant came to be dismissed.

(2.) The facts that are necessary for the purpose of this second appeal are as below:

(3.) The plaintiff who is before this Court in second appeal contended that soon after the death of his father Ellur Pandurangappa, he demanded his 1/5th share in the suit properties and the defendants denied the same and as such, he was constrained to file the suit for partition. It was also stated that the defendants denied the share of the plaintiff contending that the plaintiff was given in an adoption to one P. Vishnu and his wife P. Shanthabai of Hyderabad. It was contended that the alleged adoption being in the year 1974, at which time, he was aged 24 years, the adoption was without his consent and was prohibited under the provisions of Sec.10 of Hindu Adoptions and Maintenance Act, 1956 ( 'the Act' for brevity).