KHUSHILAL Vs. GAJRI BAI

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the judgment and decree dated 29th of April, 1972 of the Court of the Additional District judge, Vidisha, in Civil Appeal No. 99 -A of 1971, whereby it has reversed the judgment and decree dated 10th of October, 1969 in Civil Suit No. 24 -A of 1968 of the Court of the Civil Judge Class II, Basoda.

(2.) THE short facts leading to the present appeal are these : '2 -A. The admitted facts are;

(3.) THE only question for decision in this appeal is whether: Gajribai has been divested of her half share in the suit lands on her having remarried Imratsingh; her interest devolved on her remarriage to the heirs of her late husband Dhansingh, that is, surviving four brothers of late Dhansingh in equal shares; and the sale dated 1 -2 -1968 by Gajribai in favour of the defendants No. 5 and 6 was invalid. The learned counsel for the parties confined their arguments only to this question. On the point of clarification, it may be mentioned that in this connection, the learned counsel for the defendants respondent had disputed the date of remarriage of Gajribai.