SHIVRAM KONDO KULKARNI Vs. KRISHNABAI KASHINATH

JUDGEMENT

(1.) The present respondent-plaintiff sued in the character of an adopted son for redemption of a mortgage.

(2.) The Court of first instance dismissed the suit, because the fact of the plaintiff's adoption had been disputed more than six years before the date of the suit and in the opinion of the Subordinate Judge Art. 119 was applicable, and a suit for declaration contemplated in that Art. ought to have been brought within six years of the date when the plaintiffs rights were interfered with as adopted son.

(3.) The lower appellate Court reversed the decree and remanded the case for a fresh decision, because it was of opinion, that the plaintiffs age was 2 1/2 years at the date when the application was made to the District Court for the appointment of a guardian to administer his estate and the plaintiff did not attain majority till he was twenty-one years of age if a guardian of his property or person was appointed.