SHIVSANGAPPA IRSANGAPPA KUPPASAD Vs. MUCHKHANDEPPA IRSANGAPPA KUPPASAD

JUDGEMENT

(1.) This was a suit brought by the plaintiff for a declaration that the defendant was not the natural born son of Irsangappa bin Muchkhandeppa Kuppasad.

(2.) The plaintiff is the son of Irsangappa by his first wife and the defendant is the son of Nilgangava, the second wife of Irsangappa. Irsangappa died on February 6, 1926, and the defendant was born to Nilgangava on January 4, 1927, that is 332 days after the death of her husband. The defendant in the written statement contended that the property in respect of which the declaration was sought was worth more than Rs. 5,000, and, therefore, the suit would not lie in the Court of the Second Class Subordinate Judge at Bagalkot.

(3.) The learned Subordinate Judge held, that the Court had jurisdiction to try the suit, but on the merits decided in favour of the plaintiff, and gave a declaration that the defendant was not the natural born son of Irsangappa bin Muchkhandappa Kuppasad.