Mumbai Court September 1928 Judgments

Sidramappa Baswantrao Vibhute Vs. Shidappa Virappa Umbarje

Court: Mumbai

Reported in: (1929)31BOMLR461

Amberson Marten, Kt., C.J.1. This is an appeal heard along with the First Appeal No. 64 of 1925 in which we have already given judgment. Our previous judgment in that case disposes of all the main points in the present appeal with two exceptions. A point of law is raised in this appeal which is not raised in the Court below or in the memorandum of Appeal to the effect that the plaintiff being an assignee of the original adopted son is not in a position to sue. We think there is no substance in that objection even if it can be now raised. It is clear that by the Bale deed to the assignee the adopted son elected to treat the alienation of the widow as invalid. He accordingly transferred the property and his assignee has the right to bring any necessary suit for possession. In this connection the case in the Privy Council of Bijoy Gopal v. Srimati : (1907)9BOMLR602 may be referred to in connection with the election of the reversioner to treat an alienation by the widow as void. In our opi...