SANGANNAGOUDA Vs. KALKANGOUDA

JUDGEMENT

(1.) This is a second appeal by plaintiff Sanganna Gouda against the concurrent findings of both the Courts below. The plaintiff who is a minor as represented by his natural father and guardian Shiva Sangan Gowda filed a suit against the defendants Kalkan Gouda (first defendant-first respondent and Sangangouda (second defendant-second respondent) for a declaration that he is the adopted son of the second defendant-second respondent Sangangouda and the alleged adoption of Kalkan gouda, the first defendant-first respondent is invalid.

(2.) Sangan Gouda (second defendant) has three wives. Kalkan gouda, the first defendant is the second defendant's third wife's brother. It is alleged by the plaintiff that the adoption of wife's brother is invalid in law. Barring the legal plea that the plaintiff has taken, he has further relied upon his own adoption which he says is earlier than the first defendant that having taken place on 7th of Dhai 1358 F.

(3.) The only point then that remains to be decided is whether the adoption of the wife's brother, viz. of Galkan Gouda, the first defendant is valid in law or not. Mr. Patil, the learned Advocate for the appellants very strenuously contends that such an adoption is invalid according to law. His contention is that the law that is applicable to the Lingayats--because all the parties to the suit are Lingayats--is the general Hindu law and it is not the law as applicable to the Sudras and his further contention is that in any case, the dubbing of Lingayat community as Sudras contravenes the provisions of the Indian Constitution.