CHHOTIBAI Vs. GANESHLAL

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the decree, dated 10-5-1958 by Shri N. R. Ithape, Additional District Judge, Indore in Civil Suit No. 20 of 1953, dismissing the appellant's claim for possession of property left by her deceased father, harilal, who died on 6-2-1951.

(2.) THE appellant claimed possession of the property in her capacity as the natural heir of the deceased Harilal, she being his daughter. On the other hand, the first respondent, Ganeshlal claimed? to be the adopted son of Harilal. The second and the third respondents, namely, Mst. Mirabai and Ramrao were added as defendants, as they were found to be in possession of some items of the property. The second and the third respondents did not raise any defence and, therefore, the contest was mainly centred round the question of adoption of the first respondent.

(3.) THE trial Judge framed only two issues, one whether the first- defendant had proved his adoption; and secondly -- whether the plaintiff bn account of her unchaste character was disentitled to inherit her father's property. The learned-Judge upheld the first defendant's plea of adoption and negatived his contentions on the other point. In the present appeal, the learned counsel for the first respondent did not challenge the adverse finding. Hence the only question for consideration in this appeal is whether the first respondent was duly adopted as a son by the deceased. Harilal If the adoption is upheld, the right of the appel- lant as a natural heir would automatically be displaced.