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1980 Supreme(Kar) 176

N.R.KUDOOR
VIRUPAKSHAPPA – Appellant
Versus
BOLEDAWWA – Respondent


N. R. KUDOOR, J.

( 1 ) IN the village of Jambunathanahalli in Sndhnoor Taluk of Raichur District, there was a joint Hindu family consisting ot'a certain Ayodhi Basappa and his adopted son Virupakshappa Ayodhi Basappa d ed on 16-3-1959 leaving behind a daughter Boledewwa who is the plaintiff and his adopted son Virupakshappa who is the only defendant in the suit which gave rise to this second appeal by the defendant.

( 2 ) DECEAS d Ayodhi Basappa owned two items of landed property and one item of house property constituting his joint family property. He executed a will in favour of his daughter on I7-5-1957 bequeathing all the three items of property to her. Later, in the year 1959, to be precise, on 18-2-1959, he took Virupakshappa in adoption under the adoption deed Ex. D. 1. About a month later, which was on 16-3-1959, Ayodhi Basappa died. It appears, after the death of Ayodhi Basappa, his daughter Boladewwa took possession of all the three items of property belonging to her father Ayodhi basappa, and continued to enjoy them to the exclusion of Virupakshappa. The said virupakshappa brought a suit in O. S No 12/1 of 1960-61 on the file of the Munsiff at Sindhnoor against Boladewwa


















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