JUDGMENT :

The present regular second appeal by the legal representatives of the defendant assailing the judgment and decree of the appellate Court in reversing the judgment and decree of the trial Court, holding that the plaintiff, is the adopted son of deceased Neelamma w/o Anandraya Hadagil, the absolute owner in exclusive possession of the suit schedule property and the partition in favour of defendant is declared as null and void, not binding on the plaintiff.

2. This Court while admitting the appeal has formulated the following substantial question of law on 13.06.2016:

“In the absence of any evidence as regards the giving and taking of the adoption, whether the Court below could have accepted the adoption deed?”

3. Sri Vinayak Apte, learned counsel for the appellants and Sri Ameet Kumar Deshpande, learned senior counsel appearing for the respondents have been heard on the substantial question framed by this Court.

4. For the sake of convenience, the parties herein are referred to as per their ranking before the trial Court.

5. The undisputed facts are that:

(i) Neelamma filed Form No.7 before the Land Tribunal, Aland, the occupancy rights was granted on 25.04.1981 in favour of Nee