Sir John Beaumont.:-

This is an appeal from a judgment and decree of the High Court of Judicature at Bombay dated 23rd March 1943, allowing the respondents' appeal against a judgment and, decree of the First Class Subordinate Judge of Dharwar dated 27th July 1940.

2. The suit out of which this appeal arises was filed on 10th January 1936, by the appellant as plaintiff in the Court of the First Class Subordinate Judge of Dharwar wherein be claimed as the adopted son of one Krishnaji to be entitled to a half share of the coparcenary property described in the schedules to the plaint.

3. The facts giving rise to the suit are these Shrinivas and his two sons Ramachandra, who was defendant 2 in the suit and is respondent 1 in this appeal, and Krishnaji were members of an undivided joint Hindu family. Ramchandra had two sons who are respondents 2 and 3, and a daughter who is respondent 4. Krishnaji died on 6th January 1930, leaving a widow, Radhabai, but no issue. On 16th December 1932, Radhabai adopted the appellant to her deceased husband Krishnaji, and on the same day Shrinivas and Ramchandra entered into a partition deed (Ex. 150) partitioning the coparcenary property between them in the