Judgement

Petition for special leave to appeal from a decree of the Court of the Judicial Commissioner of the Central Provinces dated September 26, 1923.

Petitioner No. 1 was the junior widow of Shanker Rao Patel, who died childless in February, 1908, leaving property of over Rs. 80,000 in value. Petitioner No. 2 was alleged to have been adopted in June, 1908, by petitioner No. 1 with the consent of the senior widow.

In 1919 the respondent instituted a suit in the Court of the District Judge of Amraoti against the petitioners for possession of half the property of Shanker Rao Patel; he alleged that he had been adopted by the senior widow in 1912 ; he denied the alleged adoption of petitioner No. 2.

The petitioners by their written statement denied the adoption alleged by the plaintiff, and with regard

Law. Rep. 51 Ind. App. 319 ( 1923- 1924)

Annapurnabai V. Ruprao 99

to the alleged adoption of defendant No. 2 relied on the Indian Limitation Act, 1908, Sch I., arts. 118, 119. Further, petitioner No. 1 claimed to be entitled to Rs. 3000 per annum for maintenance out of the estate.

The additional District Judge held that the plaintiffs adoption was proved, and that the alleged adoption