ANNASAHEB URUBASAPPA ARALI Vs. BASAPPA VIRUPAKSHA DUGNI

JUDGEMENT

(1.) This is plaintiffs appeal filed against a decree dismissing his suit for possession on the basis of title in pursuance of his adoption by one deceased Gangavva, the wife of Gurubasappa Arali.

(2.) The suit property consists of one shop premises situate in the Taluka of Jat, at Jat Ward No. 3. Gram Panchayat Building No. 446 described with the necessary particulars in the plaint. According to the plaintiff, the suit shop belonged to deceased Gurubasappa Pamunappa Arali. He died long back and his property devolved on his wife deceased Gangavva who was the only heir at law to deceased Gurubasappa. Gangavva died on 11th October, 1978. As Gurubasappa and Gangavva had no issue. Gangavva decided to adopt the plaintiff after the death of her husband, according to the desire expressed by him during his life time, and therefore, she adopted present plaintiff. Plaintiffs natural father Gurulingappa gave plaintiff in adoption to Gangavva on 8th June, 1970. The adoption ceremony was performed as per the custom and religious rites and deed of adoption was registered on 10-6-1970.

(3.) The plaintiff was aged more than 15 years at the time of said adoption. However, the plaintiff belongs to lingayat community and in the said community there is a custom prevalent, according to which, a boy above the age of 15 years can be taken in adoption and in pursuance of this custom, the plaintiff was adopted by deceased Gangavva after the death of her husband. The plaintiff has become the owner of the suit property after the death of Gangavva being the only son (adopted) of Gangavva.