HANMANT RAMAJI PATIL Vs. VASUDEV HANMANT GUMASTE DESAI

JUDGEMENT

(1.) THE suit from which this appeal arises was brought by the respondents, claiming to be the nearest reversioners of one Pandurang Rayaji, for a declaration that the adoption of defendant No.1 by Godubai defendant No.2 is invalid.

(2.) GODUBAI's husband was the younger brother of Pandurang Rayaji. He died without issue in about 1865. There was an elder brother Bhimrao who died about 1877 leaving no son, but, as the plaintiffs allege, leaving a daughter Venkubai who married Hanmant the great -grandfather of the plaintiffs. The following pedigree shows the relationship of the parties :

(3.) IN 1933 Godubai adopted Hanmant defendant No.1 in this suit, and the plaintiffs, who are the grandsons of the plaintiff in the suit of 1907, contend that the adoption is invalid. Moreover as Godubai died pending the suit, they have amended the plaint and claim possession of the estate. The suit has been decreed by the trial Court and defendant No.1 has appealed.