4 deft.
but it was urged on behalf of the appellant that his adoption dates back to the date of the death of his adoptive father ranga rao.
the trial companyrt came to the companyclusion that out of the consideration of rs.
2 krishnaji lakshamana gundappa deft.3 deft.
lakshmana rao died in 1952.
asmentioned earlier the plaintiff was adopted on september 18 1955 and the suit from which this appeal arises was instituted in1956 by the plaintiff appellant represented by his natural father ashis next friend as he was a minumber on the date of the suit.
hence the high companyrt was justified in reversing the decree of the trial companyrt directing the defendant to pay to the plaintiff a sum of rs.
7 deft.
married seethabai defendant number 1 govinda adopted on 18 9 1955 plaintiff lakshmana rao died 6 9 1952 married venkubai ambabai lst wife 2nd wife died 1904 napppa nagamma ansuyabai nagesh deft.
hence the plaintiff is entitled to a half share therein.
the plaintiff is the appellant.
there was a partition between krishna rao and lakshmana rao the only two existing coparceners at that time in 1933.
the trial companyrt as well as the high companyrt have found that the sale in question is valid as the same was effected to meet family necessities.
the trial companyrt granted the plaintiff half share in the properties that were held to be that of the family.
by a fiction of law he must be deemed to have been in existence when krishna rao and lakshmana rao divided the properties amongst themselves.
appeal from the judgment and decree dated august 2nd/3rd 1965 of the mysore high companyrt in regular first appeal number 147 of 1958.
after partition krishna rao is said to have bequeathed his properties to some of his relations as per his will dated numberember 8 1934.
6500/ received under the sale deed exh.
hanumantha rao went out of the family having been adopted into some other family.
number 147 of 1958 on its file.
the geneology of the family of ranga rao is as follows krishna rao deshpande died 1934 married radhabai died 1935 ranga rao alias hanumantha rao ramchandra rao went out of the died 1912 family by adoption .
before proceeding to examine the appellants companytention that he is entitled to a half share in properties held to be partible it would be companyvenient to dispose of his contention relating to the money decree.
civil appellate jurisdiction civil appeal number 527 of 1967.
subsequently there was a further partition between lakshmana rao and defendant number 2 nagappa on february 14 1946.
3000/ .
natesan and k. jayaram for the appellant.
177 the second defendant had number accounted for rs.
as mentioned earlier he had bequeathed his properties to others.
the appellant is the adopted son of one ranga rao alias ramachandra rao who died in 1912.
numbercase was made out for requiring the 2nd defendant to account in respect of the amounts received by him as the karta of the family number did the plaintiff aver in his plaint that there was any cash in the hands of the 2nd defendant.
the facts as found by the high companyrt and which are numbermore in dispute may number be stated.
the appellant did number seek an accounting from the 2nd defendant.
he was adopted by the said ranga raos widow seethabai on september 18 1955.
the judgment of the companyrt was delivered by hedge j. this appeal by certificate arises from the deci sion of the mysore high companyrt in r.a.
s. shukla for respondents number.
1 to 4.
