Judgement

Appeal (No. 51 of 1930) from a decree of the High Court at Bombay (February 28, 1928) affirming a decree of the Subordinate Judge of Dharwar (April 8, 1925).

The suit, in which the respondent was plaintiff and the two appellants were defendants Nos. 1 and 2, related to the succession under Hindu law to certain watan lands situate in the Dharwar District where the authority of the Mayukha is predominant.

The main point in dispute was whether the adoption of Narayan (defendant No. 2) by Bhimabai (defendant No. 1) in September, 1919, was valid. Bhimabai was the widow of Jivangouda, who died in 1913, and it was found concurrently (contrary to the defendants contention) that Jivangouda at his death was joint with his brother Nilkanthagouda, who died in 1915. Nilkanthagouda left an adopted son Dyamangouda, who died in August, 1919, leaving a son Dattatraya, born in 1918, who died unmarried in 1920. The plaintiff respondent was the adopted son of Khandappagouda, a brother [@ page LRIA

Law Rep. 60 Ind. App. 25 ( 1932- 1933) Bhimabai V. Gurunathgouda Khandappagouda

26] of Nilkanthagouda and Jivangouda, who separated from them in 1896 and died in 1912. It was concurrently found tha