DHONDI DNYANOO SINDE Vs. RAMA BALA SINDE

JUDGEMENT

(1.) This is an appeal against the decision of the First Class Subordinate Judge of Satara dismissing the plaintiff's suit to recover possession of the property mentioned in the plaint with future mesne profits and other consequential reliefs. The relation between the parties will be apparent from the undermentioned genealogy :-

(2.) The following are the relevant dates in the order of events: Dnyanoo died on July 8, 1907. Nivritti, who is alleged to be the son of Balu, died on May 7, 1909. The gift-deed passed by Jana in favour of Dnyanoo son of Hari is dated May 15, 1913, and the deed of adoption adopting the plaintiff is dated September 15, 1919. On July 4, 1921, the plaintiff sold half his share in the plaint property (except items Nos. 10, 11 as specified in the plaint) to plaintiff No. 2.

(3.) The plaintiff's case was that he had been adopted by Jana, defendant No. 4, wife of Dnyanoo, and that therefore the alienations made by Jana were invalid and that accordingly he and his vendee, plaintiff No. 2, were entitled to the property in suit.