Patanjali Sastri, J.-This is an appeal from a judgment and decree of the High Court of Judicature at Bombay dated 27th November, 1942, affirming a judgment of the Joint First Class Subordinate Judge at Belgaum whereby the appellant’s suit for partition of certain immoveable property was dismissed.

The appellant claimed one half share in the properties belonging to the family of one Gadeppa who had three sons. Antappa, Shantappa and Dada. Antappa ceased to be a member of Gadeppa’s branch having been adopted to Bharmappa, the undivided elder brother of Gadeppa. The appellant claimed to be the adopted son of Shantappa. He alleged that he was adopted by Shantappa’s widow, Gangabai, on 16th October, 1936, at a place called Nandani in Kolhapur State and that the adoption was confirmed by her on 9th July, 1937, at Balgaum to obviate possible objections on the ground that the prior adoption had been made in the Kolhapur State. Dada and his son Anna, who were defendants 1 and 2 in the suit, denied both the adoptions put forward by the appellant and averred that they had divided the family properties between them on 15th November, 1936, and that, after such partition, Anna was adopted