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1943 Supreme(Nagpur) 85

BOSE
MAROTI BANSI TELI – Appellant
Versus
BADHABAI W/O TUKARAM KUNBI – Respondent


Advocates Appeared:
P Y Deshpande, R N Padhye, Advocates

JUDGMENT

Bose—This is a suit for possession of certain properties consisting of fields and a house site. Both sides are agreed that the property originally belonged to one Trimbak. The Plaintiff claims title to it as follows: Trimbak died in 1937 leaving a widow Girjabai, a mother (Defendant 1), and two daughters (Defendants 2 and 3). On 20th January 1938 Girjabai adopted Defendant 6 Shankar to her husband Trimbak. The adoption was followed by an adoption deed (Ex.P-4) executed on the same day. On the following day (2lst January 1938) the adopted son Shankar transferred a pare of Trimbak's property to the Plaintiff by a sale deed (Ex. P-3). This was followed by an exchange deed executed on 22nd January 1938 for the purpose of rectifying certain mistakes in the sale deed. The Plaintiff bases his title on these two deeds and the adoption of Shankar. The Defendants challenge the adoption and also challenge the transfer by Shankar to the Plaintiff. It is important to note at this stage exactly what the challenge is. So far as the adoption is concerned, the Defendants said (1) that Trimbak had expressly prohibited his widow from adopting and (2) that in any case she was only 13 years old















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