Judgment

SHARMA, J.:- This appeal by the plaintiff-appellant is directed against the decision of the Bombay High Court dismissing her suit for possession of the properties detailed in the plaint.

2. The disputed properties belonged to a joint Hindu family governed by Mitakshara law of which one Bhiku and his son Balu were coparceners. Bhiku died on June 6, 1942 leaving behind his widow Parvati, the defendant No. 2 in the present suit, and Balu who died soon after his fathers demise on July 24, 1942. In November 1942 Balus widow Lilabai gave birth to a posthumous daughter who is the present appellant. Sometime later Lilabai remarried and thereupon Parvati adopted Vithal, the first defendant in the present suit, in the year 1949. After attaining majority, appellant Ashabai filed the present suit for a decree for possession of the properties with mesne profits and a decree for money for Rs. 3,000 / - as expenses of her marriage. She challenged the power of her grandmother to adopt the first defendant on the ground that her right to adopt was lost on the death of Balu leaving behind his widow Lilabai.

3. The trial Court accepted the defence case, upheld the adoption of the defendant No. 1