VAMAN GURURAO DESHPANDE Vs. KRISHNAJI TIMMAJI KULKARNI

JUDGEMENT

(1.) This suit is filed by the plaintiff to recover possession of certain Vatan property which belonged to one Narsingrao who died in December 1910. The plaintiff claims to be the nearest heir of Narsingrao, and impleads the first defendant who claims to be the adopted son of the deceased and the 2nd and 3rd defendants who, it is said, are nearer heirs than the plaintiffs in the event of there being no adopted son,

(2.) Narsingrao was concerned in the murder of a Mahar many years ago, and having been found guilty was transported to the Andamans. He returned about the year 1884 from his transportation, and went to Benares before returning to the Bijapur District where his property was situated, and performed the prayaschitia or penance for purification prescribed by the Hindu texts. The fact that he performed this prayaschitta is proved to our satisfaction, as it was proved to the satisfaction of the lower Court.

(3.) The issues raised in the trial Court were whether the plaintiff was the nearest heir of Narsingrao; whether Narsingrao adopted defendant No. 1; whether he was competent to adopt on account of the conviction; whether the in competency was removed by the prayaschitta, he took ; and whether he took the prayaschitta. All these issues have been found against the plaintiff and in favour of the first defendant.