Case: Krishnamurthi Vasudeorao Deshpande And Anr Vs. Dhruwaraj

2. The facts giving rise to this question are as follows: Bandegouda, father of the respondent, died in 1882, pre-deceasing his father Narasappagouda, who died later in 1892. Bandegouda left his widow Tungabai, who adopted Dhruvraj as her son on July 31, 1945.3. Narasappagouda, on his death, left two daughters, Krishnabai and Shyamabai alias Chamavva. The two sisters succeeded to their fathers property in equal shares. We are not now concerned with the share of Shyamabai, the respondents suit with respect to it having been dismissed.4. Krishnabai died on October 21, 1933. Her son Vasappa, succeeded her and died on February 20, 1934, leaving two sons, the appellants, Krishnamurti an Subbaji. Dhruvraj, respondent, instituted the suit for the recovery of the property from the two appellants alleging that the immovable properties formerly belonged to the ownership of and were under the vahiwat of the joint family of the above mentioned Narasappagouda Patil and Bandegouda Patil. The suit also related to declaration that the plaintiff was entitled to the Patilki rights in respect of the village Hombal, as the near relative of Narasappagouda . The appellants denied the respondents rights to the properties contending that Krishnabai was the full owner of the properties and thus became a fresh stock of descent and that the appellants had inherited the properties from their father Vasappa to whom they had been alienated by krishnabai in 1930. The High Court held that the alleged alienation by Krishnabai of her share to Vasappa in 1930 was not binding on the respondent as it amounted to a gift of immovable properties and was not made by a registered document. It further held that the respondent could divest the appellants of the properties which belonged to the respondents adoptive grandfather and upheld the decree of the trial Court with respect to the property which had gone in the possession of Krishnabai on the death of her father.

Reasoning:
It follows from these observations that if A is an owner of property possessing a title defeasible on adoption, not only that title but also the title of all persons claiming under him, will extinguish on the adoption.7. In the present case, Krishnabai owned the property as full owner on the death of her father Narasappagouda, according to the Hindu law in the area in which the property in suit lay. But her title was defeasible on Tungabai, widow of Bandegouda, adopting a son to her husband, Vasappa and, after him, his sons, inherited this property of Krishnabai and thus the appellants claimed under Krishnabai. Their such claim is therefore defeasible on the adoption of a son by Tungabai. The fact that Krishnabai inherited the property of her father absolutely, does not affect this question of title being defeated on the adoption of a son by Tungabai. The character of the property does not change, as suggested for the appellants, from coparcenary property to self-acquired property of Krishnabai so long as Tungabai the ,widow of the family, exists, and is capable of adopting a son, who becomes amay say at once that this conclusion goes against what had been said by this Court in Srinivas Krishnarao Kangos Case, 1955-1 S C R 1 : (AIR 195-1 S C 379).11. It has been overlooked that the heir of a collateral succeeding to the sole surviving coparcener inherits the property absolutely, but subject to defeasance, and that the right in the property devolves on his heir, who must consequently take that property absolutely, but still subject to defeasance, as no better title could have been inherited so long as there was the possibility of the defeasancc of the absolute title by a widow of the family of the last surviving coparcener adding a member to the coparcenary by adopting a son to her deceased husband, and in overlooking what was stated in this connection by this Court in Srinivas Krishnarao Kangos Case, 1955-1SCR 1 : (AIR 1954 S C 379), (Sic) though not as a decisions, but as a reasoning to come to a decision in that case.