KRISHNAWA YELAGOUDA PATIL Vs. RAMAGOUDA KADAGOUDA PATIL

JUDGEMENT

(1.) 1. This is an appeal by the defendants in a suit brought by the respondent to recover possession of certain land.

(2.) THE land at one time belonged to two undivided brothers, Balagouda and Basagouda, who formed a joint Hindu family. Basagouda died in the year 1907 and soon after his death Krishnabai, one of his two widows, adopted a boy named Iragouda who died in or about the year 1911. THE plaintiff claims to have been adopted by Krishnabai on April 29, 1931, and he claims also that by that adoption he became a coparcener with Balagouda and on the death of Balagouda, which took place in August, 1936, he became the sole surviving coparcener. In this suit he seeks to set aside two gifts which were made by Balagouda in July, 1934. THEse gifts were in favour of two daughters of Balagouda, who are the defendants in the suit. He also. made, gifts to his other two daughters, one of whom is the wife of the plaintiff, but; we are not concerned in this suit with those transactions. It is: common, ground that if the adoption of plaintiff is proved and valid, the gifts are invalid and plaintiff is entitled to recover the property gifted.

(3.) IN this appeal the factum of the adoption has not been challenged. The points urged on behalf of the appellants are (1) that Krishnabai was the junior widow and Parvatibai the senior widow did not consent to the adoption, (2) that the adoption was impliedly prohibited by Basagouda's will, (3) that the plaintiff is bound by an award decree in certain litigation between Balagouda and Krishnabai in 1908 by which Balagouda was declared to be the owner of the estate after the death of Krishnabai.