SHIDDUBAI RUDRAGAUDA DESAI Vs. NILAPAGAUDA BHARMAGAUDA

JUDGEMENT

(1.) One Rudragauda bin Basangauda Desai of a village in the Parasgad Taluka District Dharwar died in 1909 leaving two minor widows and a very considerable estate. That year the Nazir of the District Court of Belgaum managed the Desai's property as his guardian during his lifetime, and after his death the Collector on behalf of the Court of Wards continued to manage it during the minority of the widows. Nilubai, the senior widow, died in 1916. Shiddubai, the junior widow, filed Suit No. 333 of 1917 in the Court of the Additional First Class Subordinate Judge, Dharwar, against Nilappagauda, who, it is alleged, had been adopted by Nilubai the day before she died. She joined as second plaintiff Sangangauda who is said to have been adopted in 1907. The plaintiff asked for a declaration that the adoption of Nilappagauda did not take place at all and was illegal and that the second plaintiff was the rightful owner of the plaint property in possession of the Court of Wards. The plaintiff alleged that Nilappagauda was setting up a false claim as the adopted son of Nilubai, that Nilubai could not have, adopted defendant as she was in a very critical condition of illness, that she had no authority and was not in a position to have any authority to adopt, that she was not in the position of a senior widow for making an adoption, and that the. adoption deed relied upon by defendant was false as it was understood that it was forged after the death of Nilubai.

(2.) There were other contentions between the parties to which it is not necessary to refer. Nilappa contended that he had "Been validly adopted by Nilubai as senior widow of Rudragauda, and also filed Suit No. 480 of 1918 asking for a declaration that he was the validly adopted son of Rudragauda.

(3.) The two suits were tried together and one judgment was delivered. Shiddubai and her co-plaintiff practically gave up the whole of their case before the Court, and really the only issue which arose in Nilappagauda's suit was whether his adoption by Nilubai was proved and was valid. That was a simple question of fact, and after a lengthy hearing and a very careful discussion of the evidence, the Subordinate Judge came to the conclusion that Nilappagauda had been validly adopted, and consequently dismissed Shiddubai's suit and decreed Nilappagaudai's suit.