RADHABAI BALASAHEB SHIRKE Vs. KESHAV RAMCHANDRA JADHAV

JUDGEMENT

(1.) THIS Second Appeal raises a short yet important question of law, "whether a daughter could acquire any right, either limited or absolute, by inheritenance prior to coming into force of the Hindu Succession Act, 1956 in the property of her deceased father, who died prior to 1956, leaving behind him in addition to such daughter, his widow as well?"

(2.) THE factual matrix, to the extent as may be necessary and relevant for adjudication of the question raised in this appeal, is as follows. The appellant/plaintiff filed a suit for declaration that she has one-half share in the house properties bearing house nos. 102,104,169-A, situated at Somwarpeth, Pune, (for short, "suit properties"), the property of her deceased father, and sought partition thereof, as also for perpetual injunction restraining respondents-defendant nos 1 and 2, (for short, "the defendants")from interfering with her ownership rights and collecting rent from the tenants. Respondent-defendant no. 3 is the daughter of the plaintiffs sister Sonubai. The following Genealogy would clearly bring forth the relationship between the parties. <IMG>np_82_tlmhh0_2007.jpg</IMG>

(3.) BHIKUBAI, the second wife of Yeshwantrao, bequeathed the suit properties to her daughter Champubai by her Will dated 14. 8. 1956 (Exhibit-50 ). Champubai died on 7. 3. 1973 leaving behind her husband, Mahadeo. They both died issueless. Mahadeo, however, before he died on 6. 4. 1977, executed a Will (Exhibit-54) on 10. 9. 1976 and bequeathed the suit properties to his nephews - the defendants. Laxmibai, the mother of the plaintiff predeceased Yeshwantrao. The plaintiff died pending this litigation. The case set up by the plaintiff was that after the death of her father yeshwantrao, all the suit properties were managed by his widow Bhikubai and after her death on 8. 7. 1970 the plaintiff along with defendant no. 3 and Champubai inherited all the suit properties. Champubai died on 7. 3. 1973. The plaintiff claims that after the death of champubai, she being the sole heir of Yeshwantrao, the suit properties would devolve upon her, being the reversioner. In short, the plaintiff traces her title through Yeshwantrao as a successor after the death of champubai under section 15 (2) (a) of the Hindu Succession act,1956, (for short, "the Act of 1956" ). It appears that there was some litigation going on between Bhikubai and the plaintiff and, therefore, Bhikubai bequeathed the suit properties to her daughter Champubai. The defendants, after the death of Mahadeo, made an application to enter their names in the city survey record on the basis of the Will of Mahadeo. The plaintiff objected to it and the objection was upheld by the city survey officer and the name of the plaintiff was accordingly recorded in the revenue record. It is against this backdrop, the plaintiff filed a suit.