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1961 Supreme(Bom) 18

N.L.ABHYANKAR
Paryanibai – Appellant
Versus
Bajirao – Respondent


Judgment

1. This appeal is filed by one Paryanibai widow of Raghoji whose suit for a declaration that respondent Bajirao was not a validly adopted son of her deceased son Baliram has been dismissed in the trial Court, and that dismissal has been affirmed in the lower appellate Court.

2. The plaintiffs case was that she had a son by name Baliram who died on 19th January 1950. At the time of his death Baliram left two widows. The senior widow, i.e. the one married earlier to him was Mathurabai and the other was one Dhrupatabai. It is an admitted position that Mathurabai was younger to Dhrupatabai, but the age of these two widows of Baliram is a matter of dispute between the parties. Plaintiffs case was that Baliram died issueless and that he had prohibited any adoption being made after his death-Mathurabai who is the senior widow remarried some time in 1953 and so did the other widow Dhrupatabai. There were proceedings for mutation of the field property after the death of Baliram which were contested proceedings. Those proceedings were decided against the plaintiff, and the plaintiff filed a suit for a declaration that defendant Bajirao who claimed to have been adopted by Mathurabai on
















































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