UMABAI BHAGWANT RAJARAM Vs. NANI MAHADEV JAKHADI

JUDGEMENT

(1.) The plaintiff, Nani Durgabai, is the daughter of one Rajaram Trimbak deceased. Defendant No. 1, Umabai, is the widow of Bhagwant, Rajaram's only son. Defendant No. 2, Murlidhar, called Murlidhar Bhagwant, is a boy adopted by Umabai as the son of Bhagwant after Bhagwant's death.

(2.) The family consisted of Rajaram, his son Bhagwant, his daughter Nani, his wife Krishnabai, and his daughter-in-law Umabai. On March 6, 1915, Rajaram died, and the first question which we have to decide is whether his son Bhagwant predeceased him, as Nani says, or whether Bhagwant, died on March 25, 1915, as Umabai says. If Umabai is correct, then Bhagwant, who was joint with his father, was the last male member of the joint family and his estate came to Umabai, his widow, and Murlidhar as the adopted son. But if, as Nani says, Bhagwant predeceased his father, we will have to consider the question of law whether the adoption made by Umabai in 1927 was valid and whether by that adoption Nani was divested of the property.

(3.) [After discussing the evidence as to when Bhagwant died, his Lordship proceeded:] Generally we agree with the learned Subordinate Judge that the evidence given by the plaintiff on this question of fact is better than that given by the defendant and we find that Bhagwant died before his father.