JHANGALU SHIVCHARAN Vs. PANCHO BAI

JUDGEMENT

(1.) THIS is an appeal by the defendant against the decree, dated 29-6-1962, passed by the II Addl. District Judge Durg, in Civil Appeal No. 11-A of 1962, modifying the decree, dated 8-1-1962, passed by the Civil Judge Class II, Bemetara, in Civil Suit no. 54-A of 1959.

(2.) THE appellant is the step son of the respondent. The appellant's father, shivcharan held certain properties shown in Schedule B attached to the plaint and schedule A which had been filed with the plaint, but now which is annexed to the decree of the trial Court as family properties. In the year 1937-38, Shivcharan effected a partition between himself and his son whereby the property mentioned in Schedule A was allotted to the father, while the property mentioned in Schedule b was allotted to the appellant. At that time, the appellant's real mother, Gouribai was alive. She died on 19-12-1948. Shivcharan himself died on 18-7-1953. Although the partition was effected subsequent to the coming into force of the hindu Women's Rights to Property Act, 1937, no claim for a share was made either by Panchobai or by Gouribai. After the death of Shivcharan on 18-7-1953, disputes started between the step mother and the step son. The respondent filed a suit for a declaration of her title to the entire property mentioned in Schedule A, which had been allotted to her husband, Shivcharan in the partition. She also claimed possession and injunction restraining the respondent from interfering with her rights.

(3.) ACCORDING to the appellant, respondent had no right to that property. However, the trial Judge passed a decree for joint possession of the property mentioned in schedule A on the assumption that in respect of the separated share of the father the mother and the son would succeed to the same, presumably under Section 3 (1) of the Hindu Women's Rights to Property Act, 1937.