HOLYA Vs. JASODA

JUDGEMENT

(1.) THIS second appeal has been filed by defendant No.1 against the judgment and decree dated 24th September 1969 passed by the Additional District Judge, Seoni (Camp Belaghat) in Civil appeal No.41 -A of 1965.

(2.) BRIEF facts of the case are that the suit lands belonged to one Jairam who died on 16.8.1944 leaving behind the plaintiff and defendant No.2 as his daughters from the second wife Mst. Sumitrabai and defendant No.1 his son from his first wife. As regards Mst. Sumitrabai she died in the year 1960. The plaintiff filed the suit fur partition and separate possession of the suit lands and in the alternative claimed joint possession on the basis that Jairam having died on 16.8.1944, his wife Mst. Sumitrabai became the full owner. After the death of Jairam Mst. Sumitrabai and defendant No.1 succeeded to the suit property. Mst. Sumitrabai having died in the year 1960, her share will devolve on her two daughters and defendant No.1 could not lay any claim to the extent of her share. Since defendant No.1 forcibly took possession of the entire suit property, one of the daughters of Mst. Sumitrabai, namely, the plaintiff filed the present suit.

(3.) THE trial Court decreed the suit for joint possession of the plaintiff and defendant No.2 along with defendant No.1 over the suit lands. According to that Court, Jairam having died on 16.8.1944 subsequent to the coming into force of the Hindu women's Right to Property Act 1937, Mst. Sumitrabai inherited a half share in her husband's property and became absolute owner to that extent after coming into force of the Hindu Succession Act 1956. Therefore, the said Court held that her two daughters, i.e. the plaintiff and defendant No.2 alone succeeded to her share while denying to defendant No.1 any right or claim in that share being the step son of Mst. Sumitrabai.