Sir Madhavan Nair.-

This is an appeal by the plaintiff from a judgment and decree of the High Court of Judicature at Bombay dated 12 - 11 - 1942, affirming a judgment and decree of the Subordinate Judge at Dharwar dated 26 - 6 - 1940.

[2] The appeal arises out of a suit brought by the appellant for a declaration inter alia that he is the validly adopted son of one Limbangouda deceased, and has thereby acquired the right to recover possession of one half share in the suit properties which are in the possession of defendant - respondent 1. The factum of adoption though raised in the issues was abandoned at an early stage, and does not arise for decision.

[3] Only two questions remain for decision before the Board, these being:

(1) Has the appellant by virtue of his adoption acquired the right to recover possession of one half share in the suit properties?

(2) Had defendant - respondent 2, the adoptive mother of the appellant, lost her right to adopt to her husband in view of the maintenance deed executed in her favour by defendant - respondent 1?

[4] Question No. 1 was answered by the learned Judges of the Courts in India against the appellant on the strength of the Full Bench decision of