GANESHRAO BAPURAO Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS is plaintiff's appeal.

(2.) THE following genealogical tree will be helpful in understanding the questions involved in this case:

(3.) FACTS which are not in dispute in brief are. Bapurao predeceased Govindrao. Govind-rao died on 10-3-1924 leaving behind his widow Sakhu, daughter Anusaya and agricultural fields NOS. 4. 20/2. 47/2, 69/1, 19 and 10, situated at village Gangaon, and field No. 20/1, situated at village Sakur. He also left behind certain house properties which are now in possession of the 4th and 5th and 6th defendants but we are not concerned therewith in this appeal. On the death of Govindrao, his widow Sakhu succeeded to the said property. Sakhu, during her life time, gifted fields Nos. 19 and 20/2 of Tillage Gangaon to the 6th defendant and later in 1934 the 6th defendant mortgaged field No. 19 with the 7th defendant, who, prior to the date of the suit, had obtained a preliminary decree for foreclosure against the 6th defendant. Sakhu also, during her life time, gave field No. 10 of Gangaon to Tulshi, This field is still in possession of Tulshl and is not the subject-matter of the appeal. On the death of Sakhu on 3-9-1934 her daughter Anusava succeeded and came in possession of the remeining estate of Govindrao, viz. , fields Nos. 4. 47/2 end 69/1 of village Gangaon and field No 20/1- of village Sabur During her life time fields Nos. 21 and 23, situated at Tillage Gangaon were acquired in her name. She, by her will dated 14-8-1944, bequeathed these 2 fields to her husband Bapurao, the first defendant, and the remaining 4 fields inherited by her from Govindrao, to her 2 daughters Bungi and Bibi, defendants 2 and 3. Thus, on the death of Anusaya on 3-9-1944 Bungi and Bibi succeeded to the fields Nos. 4, 47/2, 69/1 and 20/1 and Bapurao succeeded to the fields Nos. 21 and 25 under the will of Anusaya, and they are since then in possession of that property. Nearly 2 years after the death of Anusaya, Tulshi adopted plaintiff Ganeshrao as a son to her deceased husband Bapurao on 7-7-1946. The plaintiff is Claiming possession of the aforesaid property on the strength of his adoption.