CHIMABAI MALGAUDA PATIL Vs. MALLAPA PAYAPPA

JUDGEMENT

(1.) The plaintiff in this case is the widow of one Malgauda who died of plague on the 29 November 1915, and sues to recover possession of her husband's property against the first defendant who claims to be the adopted eon of Malgauda. Various objections have been raised to the adoption, first, that Malgauda having lost his brother Appu a few days previous to the data of the adoption was in mourning, and was, therefore, incapable of performing any religious ceremony; secondly, that the adopted son was the son of Malgauda's sister, and therefore could not be adopted; thirdly, that the adoption did not take place at all, although it had to be admitted that an adoption deed was executed and registered.

(2.) On the 14 December 1915, the plaintiff made a petition to the Mamlatdar to have her name inserted in C and D Registers since her husband had died a fortnight back. In that petition she said that there were factions in the village, and therefore, the village officers might enter any other name. But, on the 6 January 1916, she made a petition to the Collector admitting the adoption and requesting the first defendant's name to be entered in the Revenue Registers in place of the deceased Malgauda.

(3.) On the 7 January 1016, she was examined in connection with her petition and Varsa proceeding. She admitted the whole story which she now denies in the suit. The passing of orders on this petition was unfortunately delayed, so that the plaintiff for some reason or other made up her mind to dispute the first defendant's adoption.