LAXMAN MAHADAPPA Vs. IRWANTA GUNDU

JUDGEMENT

(1.) The above Second Appeal is filed by the plaintiff through his guardian, natural father, Narayan Havappa, against defendant No. 1, Mahadappa Erappa. who was alleged to be the adoptive father and defendant No. 2. Erwanta Gundu, to whom defendant No 1 sold under a registered sale-deed dated May, 25, 1962. the suit property. It was contended by the plaintiff that the sale was neither for legal necessity nor for the benefit of the family and hence not binding on him. He, therefore, claimed possession of the suit property.

(2.) The suit was resisted by the defendant No. 2. though defendant No. 1 admitted the claim of the plaintiff, stating that he had adopted the plaintiff on April 18, 1961, and executed a registered adoption deed on July 4, 1962. Defendant No. 2 denied the adoption. The parties led considerable oral & documentary evidence.

(3.) The learned Civil Judge. Junior Division, Biloli, by his judgment & decree dated November 30, 1966, believed the plaintiff's case and passed a decree for possession. That decree was set aside by the Assistant Jucge, Nanded. on November 30, 1968, as he took a different view of the evidence in the case. The learned Assistant Judge has very carefully considered the entire evidence and has come to the conclusion that the plaintiff failed to prove the adoption on April 18, 1961. He, therefore, dismissed the plaintiff's suit. The decision of the learned Assistant Judge is challenged in the above Second Appeal