TUKARAM MAHADU TANDEL Vs. RAMCHANDRA MAHADU TANDEL

JUDGEMENT

(1.) The plaintiff filed this suit as the adopted son of Mahadu Dharmaji who was defendant No. 1 in the suit. Defendant No. 1 who died during the pendency of the suit had three wives defendants Nos, 3, 4 and 5. Defendant No. 2 is the son of the deceased defendant No. 1 by defendant No 5. Defendants Nos. 6, 7 and 8 are the daughters of defendant No. 1 by defendant No. 5. The suit was one for partition Plaintiff claimed a share of one half.

(2.) Defendant No. 4 alone filed a written statement. The main defence raised was that the adoption of plaintiff was not proved but it was also urged that plaintiff's share on the basis of the adoption would be 1/21 and not J. Certain minor points were raised as to the details of the proposed partition.

(3.) The suit so far is in no way unusual but certain points have arisen in consequence of the course followed in the lower Court. Further it is conceded that defendant No. 2 was born after the date of the alleged adoption, and this circumstance has given rise to some argument as to the proper division of the property in such a case.