Judgement

MAHAJAN C.J.I.: This appeal raises a question of importance "whether a widow can exercise a power of adoption conferred on her or possessed by her at any, time during her life irrespective of any devolution of property or changes in the family or other circumstances and even after a grandson has come on the scene but has subsequently died without leaving a widow or a son."

2. The situation in which this question arises can properly be appreciated by reference to the following genealogy :

3. Gurunath the plaintiff, claims that he was adopted in 1943 by Gangabai, widow of Krishtarao. Krishtarao died in 1890, leaving him surviving two widows Radhabai & Gangabai and a son Dattatraya. 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. 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 which we are called upon to solve.

4. raised the proolem On the 15th of March, 1944 the appellant instituted the suit out of which this appeal ariscs in forma pauperis" on the allegat