RAMACHANDRA Vs. ANASUYABAI

JUDGEMENT

(1.) Plaintiff is the appellant. His suit, in so far as it relates to the recovery of possession of the suit properties as the adopted son of one Krishnaji, has been dismissed by the trial court, Hence the appeal.

(2.) Plaintiff, by his plaint, dated 7th March 1958, alleged that he was adopted by Krishnabai (defendant 1), the widow of Krishnaji, on the 26th June 1947. Krishnaji's father Swami Rao had two brother viz., Venkata Rao and Bheema Rao. Venkata Rao died in 1870; prior to his death he had to become separated from his two brothers Swami Rao and Bheema Rao, and got certain properties. But, after his death, his widow Jeevubai, who died in 1906, released the properties obtained by her husband on partition in favour of Krishnaji and two sons of Bheema Rao. Thereafter there was a partition between Krishnaji (his adoptive father) and the two sons of Bheema Rao, and in that partition, the suit properties came to the share of Krishnaji. Krishnaji died in the year 1900 and it was thereafter that his widow adopted the plaintiff to Krishnaji, and he, by virtue of his adoption, has become the son of Krishnaji.

(3.) After the death of Krishnaji, his wife Krishnabai went to reside at Poona, and Seetharam, the son of Jeevan Rao (son of Bheema Rao), took advantage of this fact and alienated the properties which came to the share of Krishnaji. These alienations are not binding on him, and therefore he is entitled to those properties as the properties of his adoptive father.