Judgement

Appeal (No. 143 of 1927) from a decree of the High Court (September 15, 1925) reversing a decree of the Subordinate Judge of Dharwar (June 25, 1923).

The appeal arose out of a suit by the respondents, the sons and grandsons of one Somappagowda deceased, against the two widows of his brother Baswantrao, and defendants each of whom also claimed to be the adopted son of Baswantrao. The plaintiffs claimed possession of watan lands in the village of Hallikeri, and a declaration that no adoption had taken place.

The only question material to this report was whether the defendants had established that a separation had taken place between the two brothers. The determination of that question depended in part on the weight to be given to entries in the registers kept under the Bombay Land Record-of-Rights Act (IV. of 1903).

The High Court (reversing the trial judge) held that the separation was not proved, and made a decree in favour of the plaintiffs.

1929. July 12, 15. Dunne K.C. and Colombos for the appellants.

E. B. Raikes K.C. and M. M. Bhatt for the respondents.

Dec. 3. The judgment of their Lordships was delivered by

SIR BINOD MITTER. This is an appeal from a decree of the H