TUKARAM HARI CHAUDHURI Vs. MATHURABAI PUNDALIK CHAUDHARI

JUDGEMENT

(1.) THERE is no substance in this appeal and is liable to be dismissed.

(2.) THE facts necessary for the disposal of this appeal are as follows : The property in dispute are three plots of land bearing S. Nos. 524/1, 541 and 543 and a residential house bearing Gram Panchayat House No. 434, situate at Nanded.

(3.) ONE Ramchandra Hari and his son Pundlik constituted a joint Hindu family which owned suit property, Pundlik died leaving him surviving has widow Mathurabai the plaintiff, two sons Laxman and Pralhad, and a daughter Jaibai. Laxman and Pralhad died in 1943-44. Thereafter the joint family consisted of three persons, viz. Ramchandra Mathurabai plaintiff, and Jaibai Ramchandra died on November 26, 1948 leaving a Will dated October 25, 1948 whereby he bequeathed the suit lands to defendant No. 1 and the suit house to defendant No. 2. Accordingly defendants Nos. 1 and 2 took possession of the suit property. By a sale-deed dated June 10, 1958, defendant No. 1 sold S. Nos. 541 and 543 to defendant No. 3. The plaintiff brought the present suit on July 28, 1960 to recover possession of the suit property and meson profits. She contended that though Ramchandra was the sole male member in the Joint family he had no power to bequeath the suit property to defendants Nos. 1 and 2 and that on his death his interest in the suit property devolved on her under the Hindu Women's Right to Property Act, 1937. The defendants contested the suit inter alia on the ground that Ramchandra being the sole surviving coparcener had a right to dispose of the suit property by Will. the trial Court decreed the plaintiff's suit and on appeal by the defendants the Assistant Judge, Dhulia confirmed the decree. Defendants Nos. 1 and 2 have now come in this appeal.