Dattatraya died in 1913 leaving behind his widow Sundarabai and a son Jagannath.
Gangabai, the junior widow of Krishtarao, adopted Gurunath, the appellant before this Court, who filed a suit claiming certain rights as the adopted son of Krishtarao.
She challenged the power of her grand mother to adopt the first defendant on the ground that her right to adopt was lost on the death of Balu leaving behind his widow Lilabai.
One of the issues arising in the case related to the validi ty of Gurunaths adoption.
Sundarabai died soon after the death of her husband and a year later Jagannath also died.
The plaintiff, Ashabai, challenged the decision by an appeal which was heard by the Extra Assistant Judge, Poona, who allowed the same and passed a decree for possession of the suit properties along with mesne profits.
From the Judgment and Order dated 25.9.1972 of the Bombay High Court in Appeal No.
The disputed property belonged to Krishta rao who died leaving behind two widows Radhabai and Ganga bai and a son Dattatraya.
After attaining majority, appellant Ashabai filed the present suit for a decree for possession of the properties with mesne profits and a decree for money for Rs.3,000 as expenses of her marriage.
Sometime later Lilabai remarried and thereupon Parvati adopted Vithal, the first defendant in the present suit, in the year 1949.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The disputed properties belonged to a joint Hindu family governed by Mitakshara law of which one Bhiku and his son Balu were companyarceners.
512 of 1965.
Bhiku died on June 6, 1942 leav ing behind his widow Parvati, the defendant No.
A. Bobde, Uday U. Lalit and A.G. Ratnaparkhi for the Respondent.
The Judgment of the Court was delivered by SHARMA, J. This appeal by the plaintiff appellant is directed against the decision of the Bombay High Court dismissing her suit for possession of the properties de tailed in the plaint.
N. Ganpule and Mrs. Urmila Sirur for the Appellant.
1846 of 1974.
2 in the present suit and Balu who dies soon after his fathers demise on July 24, 1942.
In November 1942 Balus widow Lilabai gave birth to a posthumous daughter who is the present appellant.
