SHRIPATI MADHAV DURE Vs. FULABAI BALAJI DURE

JUDGEMENT

(1.) The only substantial question of law involved in this second appeal relates to the interpretation of the provisions of the Hindu Women's Rights to Property Act, 1937. According to the plaintiff she is a member of coparcenary of her deceased husband and the defendant, brother of her husband, Her husband possessed certain land in village Irale, which was then situated within tha territory of the State of Hyderabad. The joint family also owned and possessed some landed property at village Undegaon in taluka Barsi, which was then situated in the territory of British India. Fulabai's husband died in the year 1945, i. e., after coming into operation of the Hindu Women's Rights to Property Act, 1937, According to her, on the death of her husband, she was entitled to a share in the coparcenary property. After hearing both sides, the learned Judge of the trial Court found that she was entitled to a maintenance allowance at the rate of Rs. 50/- per month. However, her suit for partition and possession of the suit property was dismissed.

(2.) Being aggrieved by this judgment and decree granting her only maintenance, she filed an appeal, which was heard and decided by the learned Extra Assistant Judge, Sholapur vide his judgment dated 10th of October 1974, The learned Judge partly allowed the appeal and modified the decree passed by the trial Court by holding that the plaintiff Fulabai is entitled to partition and separata possession of her husband's half share in the agricultural land situated at villaga Undegaon in taluka Barsi. It is this part of the appellate judgment which is challenged in this second appeal.

(3.) Shri Mandlik, learned counsel appearing for the appellant contended before me that domicile of coparcenary was village Irale, which was then within the territory of the State of Hyderabad (State of Nizam) and which later on in the year 1949, was merged within the Union of India. The Hindu Women's Rights to Property Act, 1937 was not applicable to the State of Hyderabad. Therefore after the death of Buwaji Dure, plaintiff's husband, she was not entitled to any share in the property situated at village Undegaon also, since the plaintiff and the joint family were governed -by the law as in force then in Nizam State.