GOBINDA GOUDA Vs. KALU GOUDA AND ANR.

JUDGEMENT

(1.) MR . Khan raised two contentions:

(2.) IT is now the admitted case of the parties that Sulla Goudo adopted Defendant Gobinda Gouda. He had executed a registered adoption deed (Ex. A) dated 12.4.1955 in evidence of the adoption. Later on there were differences between them. On 27 -5 -1958 they executed an arbitration agreement (Ex. B) conferring authority on Sarpanch Krushna Chandra Das to effect a partition between them. On 19 -7 -1958, the arbitrator passed an Award (Ex. 1) which was registered dividing the properties equally between them. Ka schedule property fell to the share of Sullo, and Kha schedule to that of the Defendant. The Award was, however, not made a rule of the Court under Section 14 of the Act. On 1 -12 -1958 Sulla Goudo executed a registered deed of gift (Ex. 2) in favour of Kalu Gouda (Plaintiff -l) conveying the -lands covered by Ka schedule in the Award which is the subject matter of this suit. Sulla died in January, 1959. On 9 -2 -1959 Plaintiff -l executed a registered sale deed (Ex. 3) in respect of a portion of the property out of the Ka schedule in the Award in favour of Rahaso Goudani (Plaintiff -2).

(3.) THE learned lower appellate Court decreed the suit on the following findings: