ISHVAR DADU PATIL Vs. GAJABAI BABAJI PATIL

JUDGEMENT

(1.) The plaintiff sued for a declaration that he was the adopted son of Dadu Babaji and owner of the plaint property, and to recover joint possession of those lands, which were joint between himself and Defendants Nos. 2 and 3, or in the alternative for separate possession of his half share by partition. The following pedigree shows the relationship of the parties :

(2.) The plaintiff alleged that Balabai, widow of Dada, took him in adoption from his natural father, Defendant No. 3, on September 25, 1919, and Defendants Nos. 1 and 2, acting in collusion denied his adoption and dispossessed him of his property. Defendants No. 1 and 2 filed a joint written statement. They denied the factum of plaintiff's adoption; they disputed that Balabai, as a widow in a joint Hindu family, was competent to adopt; they alleged that, after the death of Babaji and Krishna, their sons continued joint; and that Dadu, husband of Balabai, died while the family was still joint. Defendant No. 3 and Defendants Nos. 4 to 7, who were joined as tenants of some of the suit lands, did not appear. The trial Judge found that the plaintiff was adopted, but that his adoption was not valid, that Dadu and Babaji died in union with Defendants Nos. 2 and 3, and dismissed the suit with costs on February 26, 1923.

(3.) The plaintiff has appealed.