GANGABAI PIRAPPA Vs. BANDU PIRAPPA

JUDGEMENT

(1.) One Pirappa, by caste a Lingayat, died in 1907 leaving him surviving a wife Limbabi, who had no issue, a Mohatar wife, who had two daughters, and the present plaintiff who claims to be his illegitimate son by a concubine Sitabai, who was by caste a Shimpi woman. All these persons except the plaintiff and the defendant, who is one of the daughters by the Mohatar wife, are dead.

(2.) The plaintiff sued to recover possession of the property of Pirappa from the defendant. The defendant urged that the plaintiff had really no interest in the property as he could not claim the position and rights of a dasi putra according to Hindu Law, and it was also urged that the connection between Sitabai and Pirappa being adulterous and forbidden by law, the text applicable to a dasi putra would not apply to the plaintiff.

(3.) The plaintiff s claim for the whole property was not allowed; but it was found that he was a dasi putra and as such entitled to a moiety of the property in suit, and a decree was passed by the Trial Court on that footing. The lower Appellate Court has affirmed the decision of the Trial Court.