DODDAWA PURSHYA Vs. YELLAWA MALLAPPA BENI

JUDGEMENT

(1.) One Mallappa Tammappa died in 1916 leaving three widows and no children. The plaintiff, one of the widows, sued her co-widows for partition. They were made defendants Nos. 2 and 3. The first defendant was the son of defendant No. 3 by her first husband. The defendants answer was that Mallappa had adopted the first defendant in 1905 before he married defendant No. 3. The widows, therefore, were not the heirs of Mallappa. Defendant No. 1 had died after suit leaving a widow. The suit being brought more than six years after the adoption was barred by limitation. The issues in the trial Court were : (1) Is it proved that the deceased first defendant was adopted by Mallappa ? (2) Is it proved that this adoption was before the re-marriage of defendant No. 3 to Mallappa ? (3) If not, is the adoption valid ? (4) Is the suit in time under Art. 118 of the Limitation Act 1 ?

(2.) The trial Judge decided- (1) that though Mallappa executed an adoption deed, no adoption took place; (2) that defendant No. 3 was married to Mallappa in 1903; (3) that the adoption, if it had taken place in 1905, was invalid; (4) that as no adoption was proved and the passing of the adoption deed was kept secret, the plaintiff had no knowledge of any claim by the adopted son more than six years before suit.

(3.) Accordingly a decree for partition was passed