DHONDI DNYANOO SINDE Vs. RAMA BALA SINDE

JUDGEMENT

(1.) THIS is an appeal against the decision of the First Class Subordinate Judge of Satara dismissing the plaintiff's suit to recover possession of the property mentioned in the plaint with future mesne profits and other consequential reliefs. The relation between the parties will be apparent from the undermentioned genealogy : Rowlaji|---------------------------| |Santoo Ranoo | | Hari Gopala| | | | | || | Dnyanoo m. Jana Balu (daughters) | Defendant No. 4 || (Died 8th July 1907) || | --------------------------------|| | | |Balu Bayabai Dnyanoo m. Balai (daughters) || Defendant No. 3 || | | --------------------|| | | Nivritti Banu Ramu Ganpati (Died 7th May 1909)Defendant No. 1 Defendant No. 2

(2.) THE following are the relevant dates in the order of events: Dnyanoo died' on July 8, 1907. Nivritti, who is alleged to be the son of Balu, died on May 7, 1909. THE gift-deed passed by Jana in favour of Dnyanoo son of Hari is dated May 15, 1913, and the deed of adoption adopting the plaintiff is dated September 15, 1919. On July 4, 1921, the plaintiff sold half his share in the plaint property (except items Nos. 10, 11 as specified in the plaint) to plaintiff No. 2.

(3.) THE learned Subordinate Judge held that Nivritti was proved to have been the son of Balu and to have died after Dnyanoo. He also held that the factum of the adoption was proved. But he found that plaintiff No. 1's adoption was clearly invalid, on the ground that Nivritti had survived Dnyanoo.