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1975 Supreme(Bom) 124

J.R.MUDHOLKAR, N.B.NAIK
LAXMAN GANPATI KHOT – Appellant
Versus
ANUSUYABAI ANNA KHOT – Respondent


JUDGMENT

VIMADALAL. J.- Thi5 is an appeal filed by original defendants Nos. 1, 2 and against the order of the Civil Judge, Senior Division, Sangli, passing a decree for possession ill favour of the plaintiff who is the first respondent before us. The facts necessary for the purpose of disposing of this appeal are, that the first defendant, who is the son of the second defendant, was born on the 18th of October 1940. The date of birth of the first defendant has not been disputed before us, in view of the entry Ex. 93 in the Birth Register which has been produced in the trial Court. The plaintiff is the widow of one Anna who was the brother of the second defendant and, therefore, the paternal uncle of the first defendant. The first defendant claims to have been adopted by the said Anna, who bad no children, on the 25th of January 1959 when, according to the first defendant, the necessary adoption ceremony was performed in the presence of several persons, and an Adoption Yadi was also prepared and executed. Anna died on the 13th of July 1961, and it is the case of the first defendant that he has thereafter enjoyed exclusively the properties of Anna. It IS also the case of the first de























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