MANKUWAR ASARAM Vs. BODHI MUKUNDI

JUDGEMENT

(1.) THIS is an appeal of Mst. Mankuwar against the decree of declaration.

(2.) ASARAM, the porosities, owned 4 village shares. He died on 17th January 1947, leaving his mother Mst. Bodhani, respondent 1, brother of Uderam, respondent no. 2, and widow Mst. Rambati, respondent No. 3, On his death, the Tahsildar mutated the name of the appellant, jointly with that of Mst. Rambati, as coproprietors of the village share. Mst. Bodhani and Uderam, therefore, used them for a declaration that the appellant was not the legally married wife of Asarara and had thus no interest in his property. The Courts below allowed the suit. The lower appeal Court also added a further declaration that the order of the Tahsildar did not affect the reversionary rights of the plaintiff.

(3.) IN Dhirajkuwar v. Lakhansingh, 1957 MP LJ 137: ( (S) AIR 1957 MP 38) (A), a division Bench of this Court, to which I was a party, has held that since the enactment of the Hindu Succession Act, 1956, reversionary rights as known to the hindu Law stand abrogated. The declaration added by the first appeal Court cannot, therefore, be maintained.