RAMA APPA PATIL Vs. SAKHU DATTU GHARAL

JUDGEMENT

(1.) THE pltf. , sister of one one Babu Vithu --deceased--filed Suit No. 22 of 1948 for possession of the properties of Babu Vithu from the defendants who were his divided agnates. It was the plaintiff's case that Babu Vithu died in the year 1931, that he left him surviving his widow Mohana, that Mohana remarried some time in the year 1937 and had thereafter disappeared and therefore she must be regarded as civilly dead to the family of Babu Vithu and that the plaintiff as the sister of Babu Vithu inherited his property and was entitled to obtain possession of the property from the defendants. The suit was instituted in the Court of the Civil Judge (Junior Division) at Kagal, which at the date of the institution of the suit was in the Kolhapur State, and the parties were governed by the law in force in the Kolhapur State.

(2.) THE defendants by their written statement raised numerous contentions against the plaintiff's claim, all of which need not be set out. The contentions material for the present appeal are that the defendants were not aware of the remarriage of Mohana, and that even if it be proved that Mohana had remarried, she did not thereby forfeit her interest in the property inherited by her from Babu Vithu.

(3.) THE learned trial Judge held that the plaintiff being the sister of Babu Vithu was entitled to succeed to his property after the remarriage of Mohana and that the plaintiff's suit was not barred by limitation. Accordingly negativing the other contentions of the defendants the learned trial Judge passed a decree in favour of the plaintiff. .