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1980 Supreme(Bom) 49

B.A.MASODKAR, B.J.RELE
Hirabai wife of Harji Ingale & another – Appellant
Versus
Babu Manika Ingale – Respondent


Judgment

B.A. MASODKAR, J.:---This appeal occupied considerable time of ours because of some intricate, important and thorny debate with regard to the rights of the adopted son in the adoptive family. As far as the facts are concerned. The appeal raises a very limited issue. Initially, the appeal was filed by Hirabai (widow of Harji Ingale). Who was found to be the adoptive mother of respondent Babu. Hirabai died during the pendency of the appeal. Appellant No. 2 Latabai, who is a minor of 11 years of age, claims to be the purchaser of the property from Hirabai after the adoption in issue of Babu. One Digambarrao, who has not examined himself, is the guardian father of Latabai, who has, in fact, purported to take the sale of the property from Hirabai.

2. The suit was initially filed by Hirabai alone, but after the institution of the suit, the so-called transfer was effected and Latabai joined as plaintiff No. 2. By the suit, the relief of cancellation of the deed of adoption and consequent declaration of ownership with regard to Survey No. 81, admeasuring 5 acres and 23 gunthas, was prayed for. It is not in dispute that one Harji was the owner of the suit land and he died sometime































































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