Judgement

Appeal (No. 80 of 1922) from a decree of the High Court (December 5, 1918) affirming a decree of the Additional First Class Subordinate Judge of Poona (November 1, 1916).

The suit was brought in 1915 by the first respondent against the appellant and the second respondent for a declaration that she was entitled to inherit the movable and immovable property of her father Narayan Mawal, who died in December, 1914. Narayan Mawal and his son Vishnu Narayan had formed a joint Hindu family governed by the Mitakshara. Vishnu Narayan died childless in December, 1913, being survived by a widow Ramabai, the present appellant. In October, 1914, Narayan Mawal purported to adopt Vishnu Narayan Puranik, respondent No. 2.

The plaintiff-respondent Harnabai by her plaint contended that the adoption of respondent No. 2 was invalid, as the ceremony of datta homa had not been performed, and that she was entitled as heir to her father, the appellant being entitled only to maintenance.

The appellant by her written statement alleged that, before the death of her husband Vishnu Narayan, his father Narayan Mawal was suffering from leprosy and was thereby disqualified from participating in the join