GOVINDA Vs. CHIMABAI

JUDGEMENT

(1.) This is an appeal by the plaintiff against the decree dated 11th July 1961, made by the Civil Judge, Senior Division Belgaum, dismissing his suit to recover the suit schedule properties as the adopted son of one Venkatesh.

(2.) By his plaint dated 25th September 1958, he alleged that one Krishnaji was a Watandar Kulkarni of Holihosur in Bailhongal Taluk. He had two sons--Venkatesh and Shama Rao--and a daughter by name Mathurabai, who is defendant 3 in the suit. Shama Rao died on 29th September 1941 without a male issue, Chimmabai defendant 1--is his wife, and Alakananda--defendant 2--is his daughter. Venkatesh was the sole surviving coparcener; plaintiff is related to Venkatesh, being the grandson of Ranga Rao, his maternal uncle. Venkatesh in order to continue his line and to obtain salvation, adopted plaintiff with the ceremonies on the 16th December 1941 and, on the same day, executed a registered deed of adoption. A photograph of the adoption ceremony was also taken. He thus became the adopted son of Venkatesh. Venkatesh died on 3rd December 1957, and after his death, he (plaintiff) alone is the sole surviving coparcener and therefore he is entitled to claim the entire suit schedule properties as the properties of his adoptive father.

(3.) He also alleged that on 6th November 1943, Venkatesh executed two sale deeds--Exts. 196 and 193--in favour of defendants 2 and 3 respectively. By Exhibit 196, he conveyed the lands described in schedule 'B' in favour of defendant 1 of Rs.12,000. The said sale deed is without consideration and is not binding on him. By Ext. 193, he (Venkatesh) conveyed the lands described in schedule 'C' to the plaint in favour of Mathurabai, defendant 3, for Rs.11,000/-. That sale deed also is without consideration. He further understands that the said defendant 3 has passed a deed of gift in favour of defendant 2 in respect of some of the aforesaid properties. Those deeds are not binding on him.