ANJUBAI Vs. HEMCHANDRARAO

JUDGEMENT

(1.) THIS first appeal arises out of a suit which was instituted by the appellant Mst Anjubai and Mst. Gajjubai (plaintiff-respondent No. 31 in forma pauperis for possession of certain malik makbuza lands left by their brother Tatya Rao, who died in 1931.

(2.) AFTER the death of Tatya Rao in 1931, his widow Mst. Manjubai continued in possession of the suit lands till her death on 2-8-1950. She adopted respondent No. 1 Hemchandra Rao alias Madhukarrao. Respondent No. 2 Narayanarao Ka-dam is the natural father of Hemchandra Rao and the brother of Mst. Manjubai deceased.

(3.) THE plaintiffs' case is that the property passed to them by inheritance after Mst. Manjubai's death as the next roversioners of Tatya Rao. The claim of Hemchandra Rao as the adopted son of Mst. Manjubai is disputed on the ground that the ceremony of 'datta homam' was not performed at the time and that the consent of Mst. Manjubai was brought about by undue influence practised by Narayan Rao, who was acting as her Mukhtyar and who was managing her property. Further, it was pleaded that Mst. Manjubai did not obtain the permission of her husband to effect the adoption and as the parties are governed by the Mitakshara School of Hindu Law, the adoption is invalid. The adoption was also challenged on the ground that Hemchandra Rao being the brother's son of Mst. Manjubai could not be adopted by her.