VENKAPPA TIMAPPA Vs. FAKIRGOWDA GOVINDGOWDA

JUDGEMENT

(1.) This appeal raises the question how far an adopted son is bound by an agreement, made on the occasion of his adoption between his natural parent and adoptive mother, whereby the latter is enabled to give away immoveable property that otherwise would have come to him as adopted son.

(2.) Under the agreement in this case the adoptive mother has purported to give away 16 acres, out of a total of 27. Of the 16 acres 4 were given to the defendant, her brother, and it is to recover these 4 acres alone that this suit has been brought by the adopted son. The first Court has decided in the plaintiffs favour, but this decree has been reversed on appeal.

(3.) The general question involved is not free from doubt, but the special circumstances of this case are in the plaintiff's favour.