VARDHABHAI GORDHANBHAI Vs. GANGABEN

JUDGEMENT

(1.) The appellant is the original defendant No. 1 of Regular Civil Suit No. 128 of 1975 of the Court of the Civil Judge J. D. Jambusar. Respondent No. 1 is the plaintiff and respondent No. 2 is defendant No. 2.

(2.) The facts which gave rise to this second appeal may be stated as under:

(3.) In order to answer these 3 questions the most important point which is required to be decided is as to on what date Mohanbhai joined religious order. The date on which Mohanbhai joined religious order would be the date of his civil death and on that day the question of succession would arise. This question assumes importance because the Hindu Succession Act 1956 came into existence on 17th of June 1956. That Act for the first time gave right of inheritance to daughters also. Now therefore if Mohanbhai joined religious order before 17-6-1956 the plaintiff would not get anything by inheritance. But if Mohanbhai joined religious order on or after 17-6-1956 the plaintiff would inherit the property left by Mohanbhai. Before we say anything in regard to the evidence it is necessary to state that the first appellate Court answered the question which he raised in the following manner.