CHANBASAPPA DODAPPA DESAI Vs. KALIANADAPPA AYAPPA DESAI

JUDGEMENT

(1.) The property to which this appeal relates is chiefly vatan property which consists of Deshgat and Gaudki of Patilki vataus. This appeal also relates to certain non-vatan property specified in Schedule C to the plaint. Until his death in or about 1878 the property was held by Dodappa Desai. He left two widows and a daughter but no son. In 1880 Malkamma the senior widow adopted a son Madivallappa and the Collector in consequence entered the name of Madivallappa as holder of both classes of vatans.

(2.) In or about 1886, on the application, of Malkamma, Madivallappa s name was removed from the Dashgat vatan register on the ground that he was not a bhauband of Dodappa in whom under the sanad the Deshgat vatan would vest. Prior to this event Malkamma had been appointed legal guardian of Madivallappa s property under Act XX of 1864 and managed both classes of vatan] property till after his death a minor in 1895. He left a widow who became entitled on his death as his heir, and was. entered as holder in the Gaudki vatan register.

(3.) In 1898, Malkamma (the 2nd defendant) applied to the Collector and got the name of Madivallappa s widow removed in October 1899.