JUDGMENT - 1. An interesting question regarding the vexed controversy about the limits of a Hindu widows power to adopt is involved in this case. Respondent minor plaintiff, Vasant Abaji filed on October 10, 1961, through his guardian a suit against the defendant, who is the appellant in the above second appeal, for a declaration that the said plaintiff is the owner of the suit properties and for possession thereof with mesne profits. The plaintiff claimed to have been adopted by Gunabai the widow of Abaji on November 7, 1953.

2. The defendant resisted the suit denying the factum and the validity of the adoption. He challenged the validity of the adoption on the ground that Gunabais power to adopt had come to an end, as Abaji, her husband had left behind a son Tulsiram, who had two sons Bhaurao and Rajaram and all of them died leaving behind Muktabai the widow of Rajaram. In other words, although on the date of the adoption, the sons and grandson were dead, the power of Gunabai which had come to an end was contended to have been extinguished for ever.

3. The defendants contentions were overruled by the Civil Judge. Auza, on September 26, 1963 and a decree was passed in favour of the

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