BAI PARSAN GOPALJI Vs. BHAGWANDAS NARSIDAS DECD

JUDGEMENT

(1.) The plaintiff is the daughter of one Manibai who was the widow of one Gopalji. Gopalji was a member of the joint Hindu family of Narsidas Dahyabhai of which the original defendant No. 1 (by his heirs after his death) and the defendants Nos. 2 and 3 were also the members. The plaintiff alleged that the suit properties viz. two houses situate in the city of Bhavnagar were the Joint family properties and that she was entitled to a share therein on partition of the said properties and to the possession of her share in them.

(2.) There is no dispute about certain facts. Gopalji father of the plaintiff died in 1902 A. D. leaving Manibai as his widow. Manibai was alive in 1956 when the Hindu Succession Act came into force. She died in or about 1958. The plaintiff is the daughter of Gopalji and Manibai and claims through Manibai.

(3.) The defendants resisted the suit principally on two grounds. Their first contention was that the suit properties were not joint and that Manibai had not been in possession of the suit properties in her own right.