NARHAR GOVIND NAVATHE Vs. BALVANT HARI NAVATHE

JUDGEMENT

(1.) The question of law in this second appeal is whether the adoption of the plaintiff by Parvatibai after the death of her grand-son Dattu is valid. The relationship of the parties may be indicated by the following table:--

(2.) Govind and Hari were divided: Govind's son Anant and Anant's wife Annapurnabai predeceased Govind. Govind died leaving a widow Parvati and a grandson Dattu and a granddaughter Anasuya. On Govind's death Dattu became the owner of the property. Dattu died unmarried: and his grandmother Parvati succeeded him. She adopted the plaintiff, who has filed the suit to enforce his rights as the adopted son of Govind against the representatives of Hari's branch. The fact of the adoption was held proved by the trial Court and not challenged in the lower appellate Court. Both the lower Courts have held the adoption to be invalid on the authority of Ramkrishna V/s. Shamrao (1902) I.L.R. 26 Bom 526, s.c. 4 Bom. L.R. 315, F.B. The lower appellate Court was of opinion that the fact that Parvati's son Anant never succeeded would not make any difference as to the applicability of the said decision.

(3.) In the appeal before us the correctness of this view is questioned. It is urged that in Ramkrishna V/s. Shamrao the grandmother adopted after the estate had vested in her son and had descended to the grandson on the death of the son, that while the grandmother would have no authority in such a case to adopt on the death of the grandson, the present case is essentially different in so far as her position was exactly the same on Dattu's death as that of a mother who would inherit the estate on the death of her son, who has left no other nearer heirs.