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1962 Supreme(MP) 195

V. R. NEWASKAR, H. R. KRISHNAN
HINDUSINGH PHULSINGH THAKUR (PLAINTIFF) – Appellant
Versus
RADHABAI (DEFENDANT) OPPOSITE PARTY – Respondent


Advocates Appeared:
For Appellant : S. T. Malgawa
For Respondent: D. C. Bharucha

JUDGMENT NEWASKAR, J. – This is an application for permission to appeal in forma pauperis submitted by the plaintiff-appellant who was allowed to file the present suit in forma pauperis for partition and possession of the property left by the husband of the defendant valued at Rs. 25,511-8-0 but had not succeeded. The claim of the petitioner was based on the allegations that he had been adopted by defendant Radhabai after her husband's death in pursuance of the authority conferred upon her by him during his life-time. Custom regarding adoption of a married boy was alleged and it was also alleged that although there was specific and express authority of her husband to adopt no such authority was needed amongst the members of their community and that a widow could make an adoption in the absence of specific authority. A deed of adoption said to have been executed by the defendant was also relied upon. The defendant denied the alleged adoption, as also the existence of the alleged authority to her to take the plaintiff in adoption. The alleged custom regarding adoption of a married boy as also one dispensing with the necessity of husband's express authority for adoption were also deni

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