Judgement

HEGDE, J.: This appeal by certificate arises from the decision of the Mysore High Court in R. A. 147 of 1958 reported in (1966) 5 Law Rep 569 on its file. The plaintiff is the appellant. The man question that arises for decision in this appeal is as to the share to which the plaintiff is entitled in the properties held to the partible by the High Court. One other minor contention had also been urged which will be referred to and dealt with at the appropriate stage.

2. The facts as found by the High Court and which are no more in dispute may now be stated.

3. The appellant is the adopted son of one Ranga Roa alias Ramachandra Rao who died in 1912. He was adopted by the said Ranga Rao s widow Seethabai on September 18, 1955. The genealogy of the family of Ranga Rao is as follows:

4. Hanumantha Rao went out of the family having been adopted into some other family. There was a partition between Krishna Rao and Lashmana Rao, the only two existing coparceners at that time, in 1933. After partition Krishna Rao is said to have bequeathed his properties to some of his relations as per his will dated November 8, 1934. Subsequently there was a further partition between Lakshmana Rao and