LAWS(BOM)-1960-12-4

SAHEBRAO MADHAVRAO Vs. RANGARAO DADARAO

Decided On December 23, 1960
SAHEBRAO MADHAVRAO Appellant
V/S
RANGARAO DADARAO Respondents

JUDGEMENT

(1.) THIS appeal arises out of a suit instituted by plaintiff for possession of certain immoveable properties which originally belonged to one Madhavrao.

(2.) THE following pedigree will show the relationship of the persons to whom reference will have to be made in the course of this judgment: madhavrao - BHIVRABAI kondbarao - Banubai Ramrao Sahebrao (Plaintiff)Rangrao (Defendant No. 2) (Adopted)Kondbarao died during the lifetime of his father Madhavrao and his mother Bhivrabai. He left behind him widow Banubai. Thereafter Madhavrao died, leaving behind him his second son Ramarao his widow Bhivrabai and his daughter-in-law Banubai, the widow of his pre-deceased son Kondbarao. Some time after the death of Madhavrao, Ramarao also died.

(3.) IT is the case of the plaintiff that Ramarao died unmarried and his mother Bhivrabai became his heir and thereafter she adopted him as a son to her deceased husband Madhavrao and executed a deed of adoption in his favour of 10th March 1950; as such adopted son he claims the property in suit.