ANANT GOVIND GINDE Vs. DNYANESHWAR BALKRISHNA GINDE

JUDGEMENT

(1.) THIS is an appeal by the defendants in a suit to recover possession of certain lands belonging to one deceased Balkrishna. Both the lower Courts have decreed the plaintiff's claim on the ground that he is entitled to the lands by virtue of his adoption made by Balkrishna's widow, Yesubai.

(2.) THE facts as found are that the suit property belonged to Balkrishna who died leaving behind him his widow Yesubai and two sons Anant and Vithal. THEreafter Anant died on October 2, 1901, without leaving any issue, and his widow also died a few days later on the 18th of the same month. About four or five years thereafter Vithal died unmarried, with the result that the only person surviving in the family was the widow Yesubai. She adopted the plaintiff on December 7, 1932, and died on the 18th of the same month. THE suit properties were then taken possession of by defendant No.1, who claimed to be an agnate of Balkrishna. THE plaintiff's case is that by virtue of his adoption he was entitled to succeed to the property of his adopted father. He also challenged defendant No.1 being an agnate of Balkrishna. THE defence shortly was that the adoption had not taken place, that if it had taken place, it was invalid on the ground that Vithal had died before Anant, with the result that the last male owner was Anant who having died leaving behind him his widow, the power of Yesubai to adopt had been extinguished and it could not be revived after the death of Anant's widow. That contention has been repelled by both the lower Courts on the ground that Anant died before Vithal and that Yesubai having succeeded as heir to Vithal who died unmarried, her power to adopt was not extinguished.

(3.) WE think, therefore, that the adoption made by Yesubai is valid and the decision of the lower Court is correct. The decree of the lower appellate Court is confirmed and the appeal is dismissed with costs.