RAJESHBAI Vs. SHANTABAI

JUDGEMENT

(1.) This appeal heard at some length raises, as is apparent, some intricate questions of law intermixed with problems of justice and fairness, of legality and of humanity, technical as well as of substance. The controversy centres round the human relations that became recognised by ties of marriage, its legal fallibility and consequential possibilities of avoidance of rights-personal and of property. These problems arise this way.

(2.) Respondents Shantabai filed the present suit seeking reliefs of injunction against the defendants, the present appellants, restraining them from disturbing her possession and enjoyment of the properties and, alternatively, also seeking relief of possession of the properties which may not be found to be in her possession. She also prayed for the partition of C.S. No. 372 and possession of one-third share therein.

(3.) These reliefs were so claimed on the basis that the plaintiff, Shantabai was the lawfully married wife of deceased Sadashiv and, upon his death, was entitled to inherit all his properties which are described and set out in the schedules attached to the plaint. It is not dispute that Dagadu and Mahadu (original defendants Nos. 1 and 2), appellants Nos. 2 and 3, are the two brothers of Sadashiv, all being sons of Bayaji.