PARIBAI Vs. BHAGWANLAL

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff challenging judgment and decree dated 10-8-87 passed by Addl. District Judge. Indore in civil regular appeal No. 26-A/87 whereby the First Appellate Court has confirmed the judgment and decree dated 8-4-85 passed by 5th Civil Judge Class II, Indore in Civil Original Suit No. 267-A/75.

(2.) BRIEF facts of the case are that the appellant plaintiff had filed the present suit for declaration, partition, possession and mesne profit alleging that she is a widow of Kanhaiyalal. Kanhaiyalal had three brothers namely Dattu, Mukund and Balwant. Defendant No. 1 Sukhram is the son of Dattu, defendant Nos. 2 and 3 Ranchor and Moolchand are sons of Mukund and defendant Nos. 4 and 5 are sons of Baiwant. According to the plaintiff the four brothers owned an agricultural land having an area of 74. 58 acres. The husband of the plaintiff Kanhaiyalal died somewhere in the year 1930-31. At that time Indore Land Revenue and Tenancy Act, 1931 was in force. Section 54 of the said Act provides that on the death of a Pattedar the agricultural land will devolve in accordance with the principles of personal law. Parties are governed by the Hindu law and at that time the widow have only a right of maintenance against the share of her husband. Hindu Women's Right to Property Act has come into force during Holkar Estate in the year 1940. Plaintiff alleges that though there was no partition in the family she was in possession of a land bearing Khasra No. 250 having an area of 17. 03 acres. According to the plaintiff she continued to be in possession of the said property till 1965.

(3.) IN the year 1965 due to her old age she shifted to the house of her daughter and started residing with her. Taking advantage of this fact the other respondent took possession of her property and also got their name mutated by deleting the name of the present plaintiff in the year 1969. Hence she filed the present suit.