( 1 ) THIS appeal by the plaintiff is directed against the judgment and decree passed by the District Judge, Karwar, in R. A. No. 10 of 1987, dated 13-9-1994 reversing the judgment and decree passed by the Civil judge, Karwar in O. S. No. 10 of 1977, dated 11-9-1987.

( 2 ) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows: the plaintiff filed the suit for a declaration that she is the owner of the A schedule property and entitled to possession of the same and in the alternative that she is the adopted daughter of Yeshwanti and wherefore she is entitled to declaration of title in respect of the schedule properties. In the alternative for partition and possession of one half share in A and B schedule properties.

( 3 ) IT is averred in the plaint that the plaint schedule properties are the self-acquired properties of the plaintiffs mother Yeshwanti Tai Soiru ankolekar who died on 17-3-1961 at Bombay. Defendant 1 is the genative son of the said Yeshwanti and the plaintiff is the daughter by adoption. The plaintiff was brought up by Yeshwanti ever since the plaintiff was a child of 2