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1965 Supreme(SC) 259

R.S.BACHAWAT, J.R.MUDHOLKAR, K.SUBBA RAO
Eramma – Appellant
Versus
Muddappa – Respondent


Advocates:
K.R.CHAUDHARY, P.RAM REDDY

Judgement

MUDHOLKAR, J. : The point in dispute amongst the parties to this appeal by certificate from a judgment of the High Court of Mysore pertains to the adoption of the plaintiff-respondent No. 1, Muddappa. Muddappa who was the natural born son of Ganga Gowda (Jr.) and his second wife Ramamma (defendant No. 2) and according to him, was adopted by Eramma (Sr.) as a son to her deceased husband Chenne Gowda (Sr.). The fact as well as the validity of the adoption were denied by the defendant Eramma (Jr.) who was defendant No. 5 to the suit and by her brothers Purade Gowda and Nanjunde Gowda who were defendants 6 and 7 to the suit being donees from her of property belonging to the family. The relationship between the parties to the suit would be apparent from the following genealogy which is set out in the plaint :Ganga Gowda (Senior)

It is common ground that Channe Gowda (Sr.) died some time in the year 1911 leaving behind him his widow Eramma. (Sr.) but without leaving any male issue. It is said that he had left two daughters, one of whom died shortly after his death but the other probably is still alive. According to the plaintiff he was adopted by Eramma (Sr.) on September 22, 195











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