BABULAL Vs. SHANTABAI WIDOW OF HARI DEKATE

JUDGEMENT

(1.) THIS appeal raises the questions as to whether :---

(2.) THE plaintiff Shantabai married to late Hari. She was his second wife. She gave birth to daughter Suman. Hari died in 1961. Suman died in 1966. Defendants Nos. 1 and 2 are respectively brother and mother of Hari. Defendant No. 3 Smt. Chindhi is a daughter of Hari from first wife. The parties have been the residents of District Wardha which is within the region known as Vidarbha. The region was a part of the erstwhile State of Madhya Pradesh.

(3.) ACCORDING to the plaintiff, Ramnath father of Hari, died in 1947 leaving behind him the property more specifically described in the schedule. In the property, her husband Hari had a 1/3rd share. She further claimed that herself, Suman and Chindhi each had a 1/3rd share in the property of late Hari; since Suman died she is entitled to 2/3rd share. In the entire property left by Ramnath the plaintiff thus claimed 2/9th share. In 1968 she filed suit for partition and separate possession.