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1959 Supreme(Bom) 109

N.M.MIABHOY
Bai Bai – Appellant
Versus
Mahadu Maruti – Respondent


JUDGMENT - (1) This is a second appeal by defendant No. 1. The property in dispute in the suit from which this appeal arises orignially belonged to one Ganoji, who died in 1345F, leaving behind him two widows named Santabai and Bai bai. Plaintiff alleged that he was adopted by Santabai in 1348F in pursuance of the permssion given to her by her husband, and that a registered deed of adoption, dated 10-8-1348F, was executed by her. He alleged that he was brought up by Santabai; that Santabi died about 3 years before he instituted the suit, and, subsequently, he was driven away by her co-widow and his step- mother Baibai. Plaintiff claimed a declaration that he was the adopted son of Ganoji and claimed possession on that basis. Defendant No. 1 was Baibai. There were two other defendants. They were joined on th ground that they were cultiviators and in actual possession of the suit lands. Ultimately, it was decided that these two defendants were unnecessary parties. The main contest was between plaintiff and defendant No. 1, Baibai. Her defence was that plaintiff was not adopted by Santabai, and that the story about adoption was false. She denied that Santabai had executed any adoption






















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