PANDURANG NARAYAN SALUNKE Vs. SINDHU

JUDGEMENT

(1.) TWO important questions arise in this appeal : (1) Whether Section 2 of the Hindu Widows' Re-marriage Act, 1856 (Act XV of 1856) hereinafter called "the Act of 1856" is restricted in its application to property in which Hindu widows have a limited estate and (2) whether Section 2 of the Act of 1856 is inconsistent with Section 14 (1) of the Hindu Succession, Act, 1956 (Act XXX of 1956) hereinafter called "the Act of 1956".

(2.) ONE Bhika Shirke died on the 13th of June 1956 leaving behind him his daughter Sindhu, who is the plaintiff and his widow Chandrabhaga, the 2nd defendant. On the 17th of June 1956, the Act of 1956 came into force. In October 1956, Chandrabhaga remarried. On the 16th of December 1958, she sold to the 1st defendant the property which she had inherited from her husband and of which she was possessed.

(3.) SINDHU filed the present suit in 1960 for possession of that property on the ground that her mother had forfeited her interest in it on the date of her re-marriage in 1956 and therefore, she had no right to sell the property to the 1st defendant.