GOVINDPRASAD VASUDEV TIWARI Vs. SHIVLINGA SHIVLINGAPPA CHAPPALLI

JUDGEMENT

(1.) This was a suit brought by the plaintiff to recover possession of the property in suit as the adopted son of Shivlingappa who died leaving his widow Dyatnavva, and throe daughters Mallavva, defendant No. 2, Patrevva, defendant No. 3, and Shidavva, defendant No. 4 The plaintiff, the son of Mallavva, was adopted by Dyamavva in 1921.

(2.) On June 23, 1914, the widow Dyamavva passed a deed of gift, Exhibit 86, in favour of the three daughters in respect of survey Nos. 12 and 13. The deceased left in addition to the two survey numbers a house and some moveables. On the same day a deed of maintenance, Exhibit 83, was passed by the three daughters in favour of the widow reconveying one half of the bigger and more valuable survey No. 1.2 to the widow, and a sale-deed, Exhibit 41, was passed by three daughters in respect of half the survey number in favour of the father of defendant No. 1. The husbands of the three daughters passed a deed of consent, Exhibit 39, in respect of the deed passed by the daughters in favour of the father of defendant No. 1.

(3.) The learned Subordinate Judge held that the plaintiff's adoption was proved, and that there was a complete surrender of the widow's estate in favour of the next reversioners, and by virtue o- the sale-deed, Exhibit 41, the alienee got a valid title to the suit property, and therefore, dismissed the plaintiff's suit.