NARAYAN JIVANGOUDA Vs. PUTTABAI

JUDGEMENT

(1.) THESE are consolidated appeals from a judgment and two decrees of the High Court of Judicature at Bombay dated January 14, 1938, affirming a decree of the First Class Subordinate Judge of Dharwar dated October 31, 1936, and an order of that Judge dated November 21, 1936.

(2.) THE questions which arise in the appeals are: (1) Whether the plaintiffs' suit is barred by limitation? (2) Whether Narayan (plaintiff No. 1, hereinafter referred to as the appellant) was entitled to restitution or other relief consequent upon a decision of the Privy Council in Bhimabai v. Gurunathgouda Khandappagouda (1932) L.R. 60 I.A. 25 : S.C. 35 Bom. L.R. 200 hereinafter mentioned? THE parties to the suit are Hindus governed by the Bombay School of the Mitakshara law. THE table given below shows their relationship. Dyamangouda I (died before 1895)| __________________________|______________________________| || Nilkanthgouda Khandappagouda = (widow)Jivangouda = Bhimabai(died December 1915) (separated from his brothers (died15-1-13)(plf. 2, | 1895: died 1912).respondent 4).Dyamangouda II || = Tungawa Gurunath Narayan(adopted on 20-5-15: died (adopted by widow 6-7-15: (adopted by Bhimabai August 1919) died 20-2-38: original deft.17-9-19: attained majority| now represented by res- 5-3-20: plff. 1 and appt.)Dattatraya pondents 1-3).(born August 1918 : died6-2-20).

(3.) IN December, 1915, Nilkanthgouda died leaving him surviving Dymangouda II whom he had adopted as his son on May 20, 1915. Dyamangouda died in August, 1919, leaving a son Dattatraya who was bom in August, 1918, and a widow Tungawa.