PRATAP SINGH MAHARU VALVI Vs. KAMANABAI RAMJI GAVIT

JUDGEMENT

(1.) APPELLANT - Plaintiff Pratapsingh Valvi, is a step-brother of respondent - Defendant No. 1 Smt. Kamnabai Ramji Gavit. He filed a suit for possession of agricultural land, against her husband Ramji gavit, respondent - Defendant No. 2.

(2.) CASE of the plaintiff is that mother Limbubai had inherited as streedhan land admeasuring 11 acres 13 gunthas of village Bhadvad, Taluka navapur, District Dhule. She died on 8th January, 1971. Plaintiff alone is entitled to succeed to the said property. Property is in wrongful possession of step-sister though, she has no right whatsoever to the same.

(3.) DEFENDANTS contested the suit on the ground that parties were Hindus governed by Mistakshara Law under which only daughter is entitled to succeed to the property of a mother to the exclusion of a son. Plaintiff's case has been that the parties were governed by Mayukha Law under which son inherits such property to the exclusion of daughter. Both the Courts below have dismissed the suit on the basis that Mistakshara Law applies and the plaintiff has failed to prove that he was governed by Mayukha Law aggrieved thereby, this Second Appeal has been filed by the plaintiff.