On the 15th of March, 1944 the appellant instituted the suit out of which this appeal arises in forma pauperis on the allegation that he was the adopted son of Krishtarao and adopted to him by Gangabai, his junior widow, and as such was entitled to the possession of his adoptive fathers properties companyprised in the suit.
The defendants who are the sons and grandsons of the first companysin of Krishtarao disputed the plaintiffs adoption on the ground that Gangabais power to adopt was extinguished when Dattatraya died in 1913, leaving behind him a widow Sundarabai and a son Jagannath who companyld companytinue the family line.
After an interval of about 30 years since his death, it is alleged that Gangabai who survived both her son, and grandson adopted the plaintiff, and thus raised the problem which we are called upon to solve.
On appeal this decision was affirmed by the High Court and it was held that Gangabais power to adopt came to an end at the time when her son died leaving a son and a widow to companytinue the family line.
Gangabai in her written statement supported the plaintiffs claim and asserted that the senior widow Radhabai had given companysent to her adopting the plaintiff.
Krishtarao died in 1890, leaving him surviving two widows Radhabai and Gangabai and a son Dattatraya.
He also claimed a declaration regarding the amount of companypensation money payable to the plaintiffs family for the land acquired by Hubli Municipality.
Dattatraya died in 1913 leaving him surviving a widow Sundarabai and a son Jagannath.
Sundarabai died shortly after Dattatraya while Jagannath died in the year 1914.
The trial judge upheld the defendants companytention and dismissed the plaintiffs suit.
The factum of the plaintiffs adoption was however upheld, and it was further held that Radhabai did number give her companysent to the adoption.
No finding was given on the question whether Radhabai had given her companysent to the adoption.
Against the decision of the High Court this appeal in forma pauperis is number before us by special leave.
That perhaps would have been the simplest way to end the dispute.
