VISHNU MARUTI JADHAV Vs. KAMALABAI SADASHIV RAJAWADE

JUDGEMENT

(1.) This appeal raises the issue of effect of adoption by a widow in 1953 on her rights under Hindu Women's Rights to Property Act, 1937.

(2.) Reference to the facts and pleadings shorn of unnecessarily details is necessary. The subject matter of the suit are 9 agricultural lands and one house property described in para 1 of the plaint. (One Bhujaba was the common ancestor. He was survived by three sons Rambhau, Parvati and Maruti. Rambhau died issueless. Parvati died in 1946. He was survived by widow Janabai and two daughters Kamalabai and Sindhu. (The daughters are the original plaintiffs who are the respondents herein.) Parvati's brother Maruti had five sons and five daughters. Defendant no.1 Vishnu son of Maruti who is the appellant herein claims to be adopted son of Janabai.) Other defendants are also descendants of Maruti. Janabai died in 1990 and her two daughters filed Regular Civil Suit No.108 of 1992 in the court at Bhor, District Pune, by denying the adoption of Vishnu by Janabai, and claimed that Parvati was having 1/2 share in the suit properties and on his death, Janabai inherited the said share by way of limited interest which ripened into absolute interest in the year 1956 under Section 14 of Hindu Succession Act, and they were entitled to inherit the same on death of Janabai. They had issued notices to the defendants but, there was no response. Hence, the suit for partition and separate possession. By a subsequent amendment, it was claimed that the defendants cut and sold 500 teak trees from the suit field worth Rs.1,40,000/-and they should pay 50 % amount (Rs.70,000/-) to them. Accordingly, additional court fee was paid.

(3.) The plaintiffs claimed that their mother had a right to claim partition. The claim of the plaintiffs is for separation of their shares and not for partition. They did not become coparceners. Hence though, ladies they can claim partition.