Decided on September 22,1972

VASANT ABAJI Respondents


- (1.) AN interesting question regarding the vexed controversy about the limits of a Hindu widow's power to adopt is involved in this case. Respondent minor plaintiff, Vasant Abaji filed on October 10, 1961, through his guardian a suit against the defendant, who is the appellant in the above second appeal, for a declaration that the said plaintiff is the owner of the suit properties and for possession thereof with mesne profits. The plaintiff claimed to have been adopted by Gunabai the widow of Abaji on November 7, 1953.
(2.) THE defendant resisted the suit denying the factum and the validity of the adoption. He challenged the validity of the adoption on the ground that Gunabai's power to adopt had come to an end, as Abaji, her husband had left behind a son Tulsiram, who had two sons Bhaurao and Rajaram and all of them died leaving behind Muktabai the widow of Rajaram. In other words, although on the date of the adoption, the sons and grandson were dead, the power of Gunabai which had come to an end was contended to have been extinguished for ever.
(3.) THE defendant's contentions were overruled by the Civil Judge. Auza, on September 26, 1963 and a decree was passed in favour of the plaintiff. that decree was confirmed in appeal by the Assistant Judge. Osmanabad, on November 30, 1964. The two Courts below held that Bhaurao and Rajaram, sons of Tulsiram having predeceased him and Tulsiram himself having died in 1947 and Rajaram's widow Muktabai having remarried in 1948, Gunabai could validly adopt the plaintiff. The said concurrent finding are challenged in the above second appeal.;

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