GANGABAI Vs. FAKIRGOWDA SOMAYPAGOWDA DESAI

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Bombay dated 15 September 1925, reversing a decree of the Subordinate Judge of Dharwar, dated 25 June 1923.

(2.) The following pedigree will show the relationship of the parties to the litigation and their ancestors : Dod-Baswantrao died in 1893. He left two sons, Somappagowda (hereinafter referred to as Somappa) and Baswantrao. Dod-Baswantrao owned and possessed considerable watan land in the villages of Hallikeri and Annigeri, Bhadrapur and Basapur. Somappa died on 28 February 1911, and Baswantrao on 11 October 1911. Baswantrao left two widows, Gangabai, defendant 1, and Basaya, defendant 2. Gangabai is said to have adopted either defendant 3 or 4: in litigation between them a compromise was effected by which the adoption of defendant 3 was upheld.

(3.) Only two questions have been debated before the Board, and they are: (1) was there a partition between Somappa and Baswantrao between the years 1898 and 1900, and (2) are the plaintiffs (the respondents in this appeal) entitled to a declaration that Gangabai did not adopt either defendant 3 or 4 as a son to Baswantrao.