RAMESHPRASAD Vs. BHAGWATI BAI

JUDGEMENT

(1.) THIS is plaintiffs' second appeal under Section 100, CPC. The following substantial questions of law were formulated by order dated 21-9-1989 at the time of admission of this appeal:-

(2.) THE facts relevant for the decision of the questions referred above are that Ganesh Prasad died long back in the year 1920 leaving behind his two widows Ganeshi Bai and Bhagwatibai and two sons-- Jagannath through the first wife and Suddiram through the second wife. Suddiram also died in the year 1925 and the name of his widow is also Bhagwatibai. She is defendant in the suit. By an award dated 23-11-1927 the two Bhagwatibais were given land Khasra No. 69 area 7. 32 acres of village Piparia for maintenance during their life-time. Bhagwatibai, widow of Ganesh Prasad died in the year 1972 (Samvat 2028 ). Jagannath filed the suit for possession of half share of deceased Bhagwatibai on the ground that her right to maintenance from the suit land came to an end on her death. Jagannath died during the pendency of the suit and her legal representatives who arc the appellants before this Court were brought on record.

(3.) THE Trial Court decreed the suit for half share holding that the right of deceased Bhagwatibai to maintenance came to an end on her death and her share reverts back to the plaintiffs. In appeal by defendant Bhagwatibai the First Appellate Court held that the land held by two Bhagwatibais was given to them "in lieu of their pre-existing right to maintenance" and they became absolute owners of this land as per Section 14 (1) of the Hindu Succession Act, 1956 (hereinafter to be referred to as 'the Act' ). It has been further held that after the death of Bhagwatibai, Jagannath became entitled to half of her half share (i. e. 1/4th) and the other half of her share (1/4th) would go to defendant Bhagwatibai as widow of the predeceased son of the husband of deceased Bhagwatibai as per Section 15 read with Section 8 of the Act and accordingly the decree of the Trial Court has been modified.