SUBRAO HAMBIRRAO PATIL Vs. RADHA HAMBIRRAO PATIL

JUDGEMENT

(1.) The dispute in this case relates to the property of a deceased Marafcha by name Hambirrao Nana Patil, who died in 1918, childless, leaving three widows defendants Nos. 1, 2 and 9. The contest is between plaintiff No. 1 appellant Subrao, claiming to be adopted by defendant No. 9 Gunabai and defendant-respondent No. 3 Tukaram, claiming to be adopted by defendant No. 2. The plaintiff No. I is the natural son of the sister of the deceased Hambirrao.

(2.) The five main issues raised in the lower Court were: (1) whether the appellant's mother defendant No. 9 was or was not the senior widow of Hambirrao? (2) Whether she had been guilty of misconduct or was legally disqualified from adopting? (3) Whether Hambirrao had empowered defendant No. 2 to adopt, and, lastly, (4) Whether the adoption of plaintiff No 1 as the son of the sister of the deceased Hambirrao is valid in Jaw? This last issue was divided into two: (a) Whether Hambirrao was a Kshatriya or a Shudra, and (6) if the finding on part (a) be that Hambirrao was a Kshatriya, then whether there was a special custom under which a sister's son could h& adopted.

(3.) The trial Court held that defendant No. 9 was the senior widow, her power to adopt was not taken away, the deceased bad not specially empowered defendant No. 2, the adoptive mother of defendant No. 3, to adopt, that Hambirrao was a Kshatriya, and therefore the adoption of the plaintiff as a son of the sister was invalid under the Hindu law applying to the first three castes, as no special custom validating such adoptions was proved. He, therefore, dismissed the suit, The plaintiff appeals.