BAI ASHA Vs. BAI BIBAN

JUDGEMENT

(1.) THIS appeal raises a point as to the law which is applicable, in matters of succession and inheritance, to the Sunni Bohras of the territory which was formerly known as the Baroda State. Are they governed in such matters (succession and inheritance) by the Hindu law or does the Mahomedan law apply to them? This point has arisen in this way.

(2.) THE plaintiff, who is the appellant in. this appeal, is the sister of. one Gulam Hussein Kasnbhai. Gulam Hussein died on April 19, 1944. This is, therefore, a suit by a sister of a deceased person for the administration of the properties left by him and for partition and separate possession of what she contends is her share in the said properties. It may be noted that Bai Biban and Bai Urbai, who are defendants Nos. 1 and 2, are the widows of Gulam Hussein. Gulam Hussein died without leaving any issue. His properties with which, we are concerned in this suit are three houses, certain ornaments, lands etc. In these properties the plaintiff: claims a three -fourth share and she has asked for separate possession of that share after having the properties partitioned.

(3.) THE learned trial Judge has taken the view that the law applicable to the parties in matters of succession and inheritance is the Hindu law. Consistently with this view of his, he has ordered the dismissal of the plaintiff's suit. It is from that decree that the plaintiff has filed this appeal.