(RSA filed U/S. 100 of CPC against the judgment & decree DT.31.8.2006 passed in R.A.No.20/2005 on the filed of the civil judge (SR.DN), Kunigal, dismissing the appeal and confirming the judgment and decree DT.26.8.2005 passed in O.S.No72/1988 on the file of the Addl. Civil judge (Jr.Dn), Kunigal.)

This second appeal is by the defendant before the trial court and he is aggrieved by the suit of the respondent/plaintiff for cancellation of the adoption deed dated 23.8.48 and for declaration of plaintiff’s title to the suit properties, being decreed and the lower appellate court confirming the same by dismissing the appeal preferred by the defendant. Thus, concurrent findings of the courts below are called in question.

2. The plaintiffs case was that her husband Boregowda and Ningaiah @ Vadakantaiah were the sons of one Boregowda and both the sons mentioned above died long back and the plaintiff being the wife of 1st son Boregowda also lost her children and thereafter the plaintiff began to reside with her younger brother karigowda and it is the case of the plaintiff Chikkamma, that she has been in possession of the suit schedule properties following an order passed by the D