The judgment established the principle that succession based on full blood versus half blood is applicable beyond the case of a brother and his son, and also clarified the position of an adopted son under Hindu Law.

Kalagate, J.—This appeal arises out of a suit filed byte plaintiff to recover form these defendant the suit properties as full owner or, in these alternative, to recover his one half share therein there in by partition. The relation of the parties will appear form the pedigree table given at a page 2 of the print book, which is as follows:--

DHARAMAGOUDA

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Malgounda Annappa Sugumappa

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Jakagouda Malgounda Kalagounda

= Gangabai (Propostitus)

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Kalagounda

(plaintiff ) Annagounda

(Defendant )

The dispute in appeal relates to properties left by the deceased Kalagounda Sugunappa who died on 14th January 1946, his wife having predeceased him. The suit properties are patilki watan lands. The plaintiff alleges that he is the heir to the deceased Kalagounda and that the defendant claiming to be adopted son of Malagounda recovered possession of the suit properties in the year 1949 from the Revenue Officer.

The plaintiff also alleged that the defendant is not validly adopted son of Malagounda and that even it is proved that he has been so validly adopted , the plaintiff and the defendant would together inherit the property left by the defendant deceased Kalagounda. On these allegations he claimed the suit properties in the first instance, as the nearer heir and secondly on the ground that, at any rate both the plaintiff and the defendant would become the nearer heirs to Kalagounda and they will be entitled to the properties. On these allegations he claimed the suit properties. In the first instance, as the never heirs and secondly on the ground that, at any rate both the plaintiff and the defendant would become the nearer heirs to Kalagounda and they will be entitled to the property in equal shares.

(2) The defendant contested the plaintiff 's claim and contended that out of three sons of Dharmagouda, Annappa (Defendant 's grand -father) and Surgappa (father of Kalagounda) were full brothers and Malagounda i.e., the grand father of the plaintiff was their step-brother and therefore these plaintiff and the defendant being of the same degree and of the same class and he being of the same of the full blood is entitled to succeed to the exclusion of the plaintiff who is of the half blood. He raised a few other contentions which are not material for the purpose of this appeal because the case was fought out in the Courts below on the legal basis only.

(3) At the trial, both the parties passed as Pursis Ext. 35 where by they conceded certain positions as to facts and they claimed the trial of the suit on the basis of law only viz, whether the defendant is entitled to succeeded to the property of the deceased Kalagounda to the exclusion of the plaintiff on the basis that a person of the full blood excludes a person of the half- blood, both being of the same class and in the same degree of relation ship the original propostius.

(4) On these pleadings, the trial Court raised five issues, the material issue on this aspect of the case being issue No. 3 viz. 'Does plaintiff prove that he is the nearest heir to the said Kalagounda. The learn