IN THE HIGH COURT OF BOMBAY
Shah and Patel D.V. , JJ.
Appellants: Yamunabai and Anr.
Vs.
Respondent: Ram Maharaj Shreedhar Maharaj Pandit and Anr.
First Appeal Nos. 386 and 480 of 1955
Decided On: 14.03.1959
Counsels:
In F.A. No. 386 of 1955, H.R. Gokhale, S.G. Patwardhan and M.V. Paranjape, Advs.
Counsels:
In F.A. No. 480 of 1955, M.V. Pranjape, H.R. Gokhale and M.V. Paranjape, Advs.
(2) Mr. Gokhale, who appears on behalf of the plaintiff, contends that under the Vat Hukums issued by the Kolhapur State, no sanction exd post facto could be granteed in respect of an adoption which took place after the year 1930. But in our judgment, it is now too late to entertain the contention having regard to the decisions of this Court. In a recent judgment - Balagonda v. bhimgonda 61 Bom LR 184 - it was observed by Mr. Justice Gokhale siting with my learned brother:
"Under Political Agent Judi Niyam of Fasli 1281, published in Volume 2 of the Kolhapur Vat Hukums, at p. 817, there was a proviion under which the Kolhapur Darbar could accord sanction to adoptionswhich affected Inam properties. It appears from this Vat Hukum that the Kolhapur Government had power to accord ex post facto sanction to adoptions which were made without getting such a sanction". In several decisions of this Court e.g. First Appeal No. 424 of 1952, Letters Patent appeal No. 60 of 1955 and First Appeal No. 115 of 1953, the privilege of the Kolhapur government to accord sanction ex post facto to adoptions made initially without sanction so as to invest title in respect of Inam properties had been affirmed.
(3) Mr. Gokhale submitted that even if the sanction was accorded by the State of Bombay upon which devolved the authority of the Kolhapur State, such a sanction will not divest the absolute title vestied in the plaintiff by the Hindu Succession Act, 1956. To appreciate this contention, we may review the undisputed facts. Bala Maharaj, the last male holder of the property died on 6th January 1937 leaving him surviving his two widow Annapuranbai and Yamunabai and no lineal descendants and the revenue authorities of the Kolhapur State recognized Annapurnabai as the "Navawali" of te Inam properties. On 14th March 1949, the first defendant was adopted by Annapuranabai as a son to her deceased husband. On 18th March 1949 Annapurnabai die, and to the estate of annapuranbai, which included Inami lands, her c0-widow Yamunabai became entitled by inheritance, because the sanction of the Kolhapur State authorities to the adoption of the first defendant by annapurnabai was notobtained. Proceedings were commenced before the revenue authorities for recognizing the claim of the first defendat as the adopted son of Bala Maharaj, but the plaintiff objected to the claim and the collector of Kolhapur passed an order that the name of neither of the parties may be entered in the Revenue Record and that status quo be maintained till the decision of a of a civil suit adjudicating upon the claims of the parties,. The plaintiff then filed on 17the January 1952 a suit in the Court of the Civil Judge (Senior Division), Kolhapur, for a de
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