SUGANDHABAI SHIVARAM HEDE Vs. SUNDARI ABA MANDE

JUDGEMENT

(1.) This is an appeal by original defendants Nos. 1 and 2 against the decree passed by the Court of the Civil Judge, Senior Division, at Sholapur, in favour of the plaintiff and dependant No. 3, who are the respondents in this appeal, declaring that the adoption of appellant No. 2 (defendant No. 2) was invalid and not binding on the respondents. The present suit came to be filed by plaintiff Sundrabai in the following circumstances.

(2.) Plaintiff's father Shivram died in 1918 leaving behind his widow Sugandhabai (defendant No. 1) and two daughters Nagarbai and Sundrabai (plaintiff). Defendant No. 1adopted to her husband one Bhanudas on 25-4-1937, Bhanudas being the nephew of Shivram. According to the plaintiff Bhanudas died in 1949, leaving his wodow Girjabai and it appears that a few months after Bhanudas' death Girjabai remarried. On 20-7-1950, Sugandhabai (defendant No. 1) adopted the second appellant Keshav and executed and got registered an adoption deed in that behalf. It is the plaintiff's case that inasmuch as Bhanudas was survived by his widow Girjabai defendant No. 1's right to adopt was extinguished and the same could not be revived despite Girjabai's remarriage. It is, therefore, the plaintiff's case that she and her sister defendant No. 3 are the reversionary heirs to their father Shivram and their right is subject only to defendant No. 1's interest in the property left by her father. That was why plaintiff filed the present suit on 18-11-1952 asking for a declaration that the adoption of defendant No. 2 Keshav was invalid and not binding on plaintiff and defendant No. 3.

(3.) The suit was raised by defendants Nos. 1 and 2 on the basis that there was no marriage between Bhanudas and Girjabai and, therefore, Bhanudas was not survived by any widow. On that ground it was contended that defendant No. 2's adoption was good. This was the principal ground on which the suit came to be resisted.