Polloch, A J C—One Kondji died a separated member of his family leaving a widow Saijai and a son Maroti. His (sic) estate devolved upon his son. The lower courts have found that Maroti died in 1912 leaving a widow Mt. Punjai alias Muktai who remarried and died shortly afterwards. On her death the estate devolved upon Miroti's mother Saijai who purported to adopt the Defendant Vithoba as a son.

2. In the memorandum of appeal the applicants have contested the finding that Maroti left a widow surviving him, but that finding of fact has not been seriously challenged in the course of the argument and must be accepted in second appeal.

3. The question therefore is whether where a Hindu dies leaving a widow and a son and that son himself dies leaving his own widow, the former widow on the death of the second widow has power to make a valid adoption. The parties are residents of Basim taluq in Berar and it seems to have been assumed that they are governed by the Bombay school of law. Until the decision of their Lordships of the Privy Council in BHIMABAI v. GURUNATHGOUDA KANDAPPAGOUDA of it would not, I think, have been disputed that a widow in such circumstances could not adopt, and