BALINKI PADHANO Vs. GOPAKRISHNA PADHANO

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs against the judgment and decree of the Additional Subordinate Judge of Berhampur decreeing a part of their claim to the disputed property to the extent of one-fourth share and disallowing their claim for the remaining three-fourth share.

(2.) THE following geneological tree will show the relationship of the parties :THE property in dispute admittedly belonged to Gopi whose line is now extinct, his widow also having died. It is also admitted that Gopi was the natural born son of Sadhu. According to the defendants he was taken in adoption by his uncle, Ganga sometime in 1905. THE plaintiffs however challenged the adoption. If the story of adoption fails, the plaintiffs will be entitled to the entire properties of Gopi to the exclusion of the shares of defendant Nos. 1, 2 and 4 whereas if the adoption is held to have been established plaintiff No. 1, defendant No. 1, defendant No. 2 and defendant No. 4 will equally inherit his properties being in the same degree of relationship. THE trial Court held that the adoption was established and on the concession made by the defendants themselves decreed the plaintiffs' suit for one-fourth share of Gopi's property.