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1961 Supreme(SC) 248

K.SUBBA RAO, RAGHUBAR DAYAL
Krishnamurthi Vasudeorao Deshpande – Appellant
Versus
Dhruwaraj – Respondent


Advocates:
A.G.Ratnaparkhi, C.K.BENGERI, K.R.BENGERI, M.S.K.Shastri, N.S.ANIKHINDI, PURSHOTTAM TRIKAMDAS

Judgment

RAJAGHUBAR DAYAL, J. : This appeal, on certificate under Art. 133 of the Constitution, raises the question whether Dhruvraj, respondent, on his adoption, divests the defendants-appellants of the properties of his adoptive father and grand-father.

2. The facts giving rise to this question are as follows: Bandegouda, father of the respondent, died in 1882, pre-deceasing his father Narasappagouda, who died later in 1892. Bandegouda left his widow Tungabai, who adopted Dhruvraj as her son on July 31, 1945.

3. Narasappagouda, on his death, left two daughters, Krishnabai and Shyamabai alias Chamavva. The two sisters succeeded to their father s property in equal shares. We are not now concerned with the share of Shyamabai, the respondent s suit with respect to it having been dismissed.

4. Krishnabai died on October 21, 1933. Her son Vasappa, succeeded her and died on February 20, 1934, leaving two sons, the appellants, Krishnamurti an Subbaji. Dhruvraj, respondent, instituted the suit for the recovery of the property from the two appellants alleging that the immovable properties formerly belonged to the ownership of and were under the vahiwat of the joint family of the above mentione





























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