Judgment

BHAGWATI, J.: This is an appeal from the judgment and decree of the High Court of Bombay confirming the decree passed in favour of the plaintiff by the Civil Judge, Senior Division of Belgaum.

2. One Devarao had a son by name Shankar born to him by his wife Rangubai who died in about 1898). Shankar died in about 1902 leaving him surviving his widow Gangabai. Davarao died in the year 1904 leaving him surviving his widow Sunderabi, the defendant I. Devarao was the sole surviving co-parcener of the family and after his death the Defendant I and Gangabai the widow of his pre-deceased son Shankar were the only two members of the family surviving. Gangabai adopted Devaji the plaintiff as a son to her deceased husband Shankar on or about the 18th February, 1934, and disputes arose between Gangabai and the plaitniff on the one hand and the Defendant I on the other in regard to the validity of the adoption of the Plaintiff.

These disputes were referred to the sole arbitration of V. D. Belvi, a pleader at Belgaum. He entered upon the reference and during the course of the reference he communicated to the parties his opinion in regard to the position of the plaintiff as the adopted son