Judgement

RAMASWAMI, J. : This appeal is brought by the Judgment -debtor. Eramma against the judgment and decree dated June 9, 1965 in R. A. No. 90 of 1957 of the High Court of Mysore setting aside the order of the District Judge of Raichur, dated February 14, 1957 dismissing an execution petition.

2. The appellant - Eramma - and the 3rd respondent - Siddamma - were, at the relevant time, widows of Eran Gowda who also had a third wife - Sharnamma. By the said Sharnamma, Eran Gowda had a son called Basanna who died in the year 1347 F. (corresponding to 1936-37 A D.) at a time when he was the sole male holder of the property in dispute. After his death his stepmothers Eramma and Siddamma got into possession of the properties. Respondents 1 and 2 thereafter filed a suit in the Sadar Adalat, Gulbarga claiming that they, as the nearest heirs of Basanna, were entitled to all the properties left by him and seeking to recover possession thereof from his stepmothers - Eramma and Siddamma. The suit was contested by Eramma on the ground that she had adopted Sogan Gouda, respondent No. 4 on the basis of the authority alleged to have been given of her by her husband Eran Gowda. It was claimed by