GANGABAI BASWANTRAO DESAI Vs. FAKIRGOWDA SOMAPPAGOWDA DESAI
LAWS(BOM)-1929-12-1
HIGH COURT OF BOMBAY
Decided on December 03,1929

GANGABAI BASWANTRAO DESAI Appellant
VERSUS
FAKIRGOWDA SOMAPPAGOWDA DESAI Respondents

JUDGEMENT

Binod Mitter, J. - (1.) THIS is an appeal from a decree of the High Court of Judicature at Bombay dated September 15, 1925, reversing a decree of the Subordinate Judge of Dharwar dated June 25, 1923.
(2.) THE following pedigree will show the relationship of the parties to the litigation and their ancestors: Dod-Baswantrao, d. 1893. | -------------------------------- | | SomappagowdaBaswantrao, | |-------------------- | | || Nilapagowda. Fakirapagowda, |First wife, | Plaintiff No. 1. |Gangabai. | |Defendant No. 1. | || ------------------------------------ ----------- | | ||Irbasapgowda. Bapusaheb.Shankargowda,(Plaintiff Nos. 2,Defendant |Chikkappa. | | Second Virupax. wife, Defendant No. 4. 3 and 4. ) Basawa. No. 3. Defendant Alleged adopted No. 2. sons. Dod-Baswantrao died in 1893. He left two sons, Somappagowda (hereinafter referred to as Somappa) and Baswantrao. Dod-Baswantrao owned and possessed considerable watan land in the villages of Hallikeri and Annigeri, Bhadrapur and Basapur. Somappa died on February 28, 1911, and Baswantrao on October 11 1911. Baswantrao left two widows, Gangabai, defendant No. 1, and Basava, defendant No. 2. Gangabai is said to have adopted either defendants Nos. 3 and 4: in litigation between them a compromise was effected by which the adoption of defendant No. 3 was upheld. Only two questions have been debated before the Board, and they are (1) was there a partition between Somappa and Baswantrao between the years 1898 and 1900, and (2) are the plaintiffs (the respondents in this appeal) entitled to a declaration that Gangabai did not adopt either defendant No. 3 or defendant No. 4 as a son to Baswantrao,
(3.) AFTER Dod-Baswantrao's death Somappa became patel and he appointed Baswantrao, as he was entitled to do, his deputy, who resided at Hallikeri and acted as the officiating patel there from 1902 to 1911. On September 15 and 16, 1896, two self-reducing mortgages were executed by Somappa and Baswantrao jointly of land situated in Bhadrapur and in Hallikeri.;


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