JUDGMENT - P.S. PATANKAR, J.:---Three points arise for my determination in this Second Appeal (i) whether the plaintiff was adopted validly and legally on 18-10-1959? (ii) if validly adopted, then can he have right in the joint family property of his natural birth? and (iii) was the suit within limitation?

Few facts are as follows:---

2. The appellant Devgonda through his next friend by name Nemgonda Balgonda Patil filed the suit for partition and separate possession of his 1/3rd share in the joint family properties of his natural birth. It was alleged that Devgonda was married on 15-5-1946 and was having good health for one year thereafter. However, thereafter he became lunatic and was not mixing with public. His natural father wanted to cut off his ties and to give all the property to his another son, Shamgonda, (defendant No. 1) and therefore, plaintiff was given in adoption to one Shrimati w/o Tatya Patil - defendant No. 2 on 18th October, 1959. The said adoption was invalid and illegal because (1) Devgonda was lunatic, (2) Shrimati died within a period of 3 days after the adoption and therefore it was suspicious, (3) The age of adopted child was more than 15 years at the time o

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