RAMCHANDRA VISHWANATH KARVE Vs. SAVITRIBAI

JUDGEMENT

(1.) The respondent-plaintiff's suit for declaration that she has become the absolute owner of the house property in dispute has been decreed by the Civil Judge, Senior Division, Thana. The validity of this decree is challenged by the defendant in this First Appeal. There is practically no dispute about the facts in this case. One Trim-bak had two sons -- Vishwanath and Bhikaji. Vishwanath predeceased Trim-bak leaving behind him his two sons Ramchandra, the defendant-appellant, and Laxman. Plaintiff Savitribai was married to Bhikaji in the year 1928 when the entire family was joint. In the month of October, 1928, sometime after her marriage, Ramohandra and Laxman separated, taking with them their shares in the property from Trimbak. Bhikaji, husband of Savitribai, died on 19th September, 1929. Savitribai appears to have stayed with her parents till 1942, in view of her age. Trimbak executed a will and got it duly registered on or about 7th June, 1930, making provisions for the maintenance of his own wife as also his widowed daughter-in-law, both in the event of their choosing to reside in the family house or choosing not to so reside therein for some reason or the other. Ramchandra, the appellant, was virtually appointed as executor of the will. The will contains a detailed description of the property given earlier in partition to Ramchandra and Laxman as also the property he still held, and sought to be disposed of under the said will. No disposal of the house in dispute is indicated under the will obviously because of the undoubted right of residence of his own wife as his only heir and the need to provide for the residence of the plaintiff Savitribai which appear to have 'been clearly assumed. In fact, after the separation of Ramchandra and Laxman in the month of October, 1928, and the death of the only other son Bhikaji, in the year 1929, his wife Sagunabai was entitled to inherit his entire property including the house as life estate, with the burden of plaintiff's right of residence, and maintenance, but for the contrary provisions made under the will in dispute by Trimbak. Trimbak died on or about 10th January, 1935, while Sagunabai died on or about 18th February, 1939.

(2.) After the return of plaintiff Savitribai to Bhiwandi and residine in the family house, she felt the inadequacy of quantum of maintenance of Rs. 40/-per month provided under the will in view of the then rising prices. On her making claims to that effect, a settlement in writing was reached between Ramchandra and Savitribai on 12th August, 1945. Ramchandra agreed to pay Rs. 100/- per month and 25 mounds of rice every year. He also allowed her to use the entire house and lease some portions thereof to the tenants if needed for the company and appropriate rent so received to herself. She also was to pay taxes and effect the required repairs. There is a dispute if she was till then residing only in three out of the several rooms of this family house. But the same is irrelevant to the point under consideration. This arrangement continued till the enforcement of Hindu Succession Act (hereinafter referred to as 'the Act') on 17th June, 1956.

(3.) It is not in dispute that the family was possessed of extensive properties, Though there is no specific pleading or direct evidence about this being the ancestral or joint family property in the hands of Trimbak at the time when Savitribai was married in the family, the circumstances that Rarnchandra and Laxman, were allotted portions of the properties in the partition by Trimbak in October, 1928, i.e. after the marriage of the plaintiff, itself indicates that the property so partitioned and thereafter left with Trimbak, was joint family property. The manner in which the property so partitioned and left with Trimbak is referred in his will dated 7-6-1930 by Trimbak also fortifies this view. The contrary contentions raised in this behalf by Mr. Tipnis are devoid of any merits. The position thus that emerges from these admitted facts is that after the death of Bhika.ii on 19th September, 1929, the joint family of Trimbak consisted of Trimbak himself, his wife Sagunabai and widowed daughter-in-law the plaintiff, with extensive joint family properties which were disposed of under the will of 1930 by Trimbak, recognising the right of residence of both these women and also making provision for the maintenance of each at the rate of Rs. 40/- per month.