RAMCHANDRA VINAYAK KULKARNI Vs. NARAYAN BALAJI

JUDGEMENT

(1.) The point of law which arises in this case is, whether this suit to set aside the adoption of defendant 1 is barred under article 118 of the Limitation Act, and fails within the principle of the Full Bench ruling of this Court in Shrinivas V/s. Hanmant (1899) 24 Bom. 260.

(2.) The facts are shortly these. One Bajaji who was entitled to certain watan property adopted on the 17 March, 1891, defendant 1 who was his daughter's son. Bajaji died on the 30 March, 1897. The plaintiffs brought this suit in 1899 for a declaration that the adoption of defendant 1 by Bajaji was invalid. Both the lower Courts have dismissed the suit on the ground that it ought to have been brought within six years from the date when the plaintiffs came to know of the adoption.

(3.) It is contended before us that the period of limitation of six years prescribed by article 118, Limitation Act, cannot apply to the facts of the present case, because the adoption having been made by Bajaji himself, defendant 1 did not become entitled to any property until Bajaji's death, and that it was upon the happening of that event, i.e., Bajaji's death, and not before, that a cause of action accured to the plaintiff to contest the validity of the adoption. The suit is within six years from the date of Bajaji's death.