MANKUWAR Vs. BODHANI

JUDGEMENT

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

(2.) ASARAM , the propositus, owned 4 village shares. He died on 17th January 1947, leaving his mother Mst. Bodhani, respondent No. 1, brother 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 co -proprietors of the village share. Mst. Bodhani and Uderam, therefore, sued them for a declaration that the appellant was not the legally married wife of Asaram 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 effect the reversionary rights of the plaintiff.

(3.) THE suit is governed by section 42 of the Specific Relief Act, 1877, which is in these terms: - -