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The suit out of which this appeal arises was 'filed by Gang Gugwad after the death of Lochanappa in 1957 against widow of Lochanappa, one Chanabasappa Gurubasappa Gugwad who was undisputedly taken in adoption by Lochanappa as his son in the year 1951 and Gurlingappa Gungappa Gugwad, the surviving trustee under the will of Rudrappa pleading inter alia that "Rudrappa did not confer an absolute estate on Lochanappa in respect of his property, that the bequest made in his favour conferred upon him only a restricted life estate and that even assuming Lochanappa was an absolute owner he was entitled to it only during his lifetime and after his demise it was to revert to the plaintiff by virtue of the will and codicil." The plain,tiff appellant went on to add that it was incumbent on Lochanappa to adopt him alone and none else and any adoption in contravention of the direction in the will of, Rudrappa Murigappa Gugwad was invalid and even assuming that the said direction was not mandatory, defendant No. 2 could not acquire the status of a son begotten by Lochanappa so as to claim any interest in the property of the deceased testato. The suit was contested by the widow and the adopted son, defendant No. 2 who plead- ed the bar of res judicata on the strength of the judgment in the suit of 1935. The Subordinate Judge held against the dependent on that issue. He also found that the appellant. was the rightful heir to the properties of the deceased testator under the will and codicil of Rudrappa after the death of Lochanappa.