SHIDAPPA VENKATRAO JADHAV Vs. RACHAPPA SUBRAO JADHAV

JUDGEMENT

(1.) This appeal arises out of a suit which had been brought by the present appellant in the Court of the Subordinate Judge, First Class, Belgaum, for a declaration that he was the adopted son of one Venkatrao deceased, and that as such he was entitled to his property.

(2.) The plaint was valued at Rs. 130 for a declaration of the fight, and at Rs. 69,016-9-0 for pleaders fees. The plaintiff alleged in the plaint that a house forming part of the subject, matter of the suit was in the possession of the plaintiff himself and that the defendant was obstructing him. He prayed for an injunction to issue restraining the defendant from interfering with the plaintiff s rights in respect of that house. The injunction was valued at Rs. 5. The plaintiff further alleged that the rest of the property, belonging to the deceased Venkatrao and valued at Rs. 69,016-9-0, was in the possession of the Collector, having been attached by him after the death of Venkatrao. As to that property, the plaintiff sought a bare declaration of his right as Venkatrao s adopted son. As all the property was partly in Athni and partly in Chikodi, and, therefore, outside the ordinary jurisdiction of the Subordinate Judge s Court at Belgaum, that Court could try the suit only under its special jurisdiction.

(3.) The Subordinate Judge tried the suit under his special jurisdiction and held that the appellant was the adopted son of Venkatrao. A decree was accordingly passed in favour of the plaintiff.