R K KULKARNI Vs. R S KULKARNI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Bombay dated 23rd March 1943, allowing the respondents' appeal against a judgment and, decree of the First Class Subordinate Judge of Dharwar dated 27 July 1940.

(2.) The suit out of which this appeal arises was filed on 10 January 1936, by the appellant as plaintiff in the Court of the First Class Subordinate Judge of Dharwar wherein be claimed as the adopted son of one Krishnaji to be entitled to a half share of the coparcenary property described in the schedules to the plaint.

(3.) The facts giving rise to the suit are these Shrinivas and his two sons Ramachandra, who was defendant 2 in the suit and is respondent 1 in this appeal, and Krishnaji were members of an undivided joint Hindu family. Ramchandra had two sons who are respondents 2 and 3, and a daughter who is respondent 4. Krishnaji died on 6 January 1930, leaving a widow, Radhabai, but no issue. On 16 December 1932, Radhabai adopted the appellant to her deceased husband Krishnaji, and on the same day Shrinivas and Ramchandra entered into a partition deed (Ex. 150) partitioning the coparcenary property between them in the shares shown in the deed. Thereafter, Shrinivas by a deed (Ex. 151) made a gift of items 15 and 16 in Sch. A to the Plaint, which formed part of his share on the partition, to his grandsons, respondents 2 and 3, and by a deed (Ex. 153) he made a gift of item 14 in the said Sch. A, which was other part of his share on the partition, to his-grand- daughter, respondent 4. By his will dated 22 August, 1933 (Ex. 152), Shrinivas gave all his residuary estate to his grandsons, respondents 2 and 3. Shrinivas died on 13 December 1934.