JUDGMENT - Chagla, C.J.

[1] The question referred to this Full Bench is, will an adoption after the death of a collateral allow the adopted son to come in as an heir of the collateral ; and the few facts which are necessary to be stated for the determination of this question are these. One Krishnappa had five sons, Keshav, Anappa, Bhimrao, Apparao and Madhav. After the death of Bhimrao and Apparao, the brothers became divided and Keshav, Annappa and Madhav each got a one-third share of the joint family property. Annappa died in 1901 and Madhav died in 1903. Annappa left a widow Tungabai. Keshav left a son Vishnu who died in 1918, and as this was watan property, although Keshav had a daughter, the property went to the nearest male heir who was at the time Hanmant a collateral of Keshav. Annappas widow adopted defendant 1 on 18th July 1922. Hanmants sons are the plaintiff and defendant 2, and the plaintiff and defendant 2 claimed the property which Keshav had and which descended to Vishnu. The question that has got to be considered is whether on the adoption of defendant 1 on 18th July 1922, the property which would go to the plaintiff and defendant 2 by inheritance is divested and th

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