KESHRI PARMAI LODHI Vs. HARPRASAD

JUDGEMENT

(1.) THE appellants had filed a suit for possession of agricultural lands and a house situate in village Maili. Tahsil Niwas, District Mandla. The suit was dismissed by the trial Court and the decree has been confirmed in appeal.

(2.) THE facts in the case are no longer in dispute. The property in suit originally belonged to one Nathu Lodhi. Nathu died leaving Mst. Mungia, his widow, as his sole heir. Mst. Mangia died in the year 1962. The appellants, Keshri and Dasrath, are Nathu's daughter's sons. Respondent No. 1, Harprasad, is his distant relation respondent No. 2, Chhabilal, is the son of Mst. Mungia by her previous husband, bhangi, and came with her when she married Nathu. Respondent No. 3, karodimal, is an outsider who did not appear at any time to contest the claim. The real dispute is between the appellants and respondent No. 2, Chhabilal. It is also not disputed that after the death of Nathu, Mst. Mungia came in possession of his estate as full owner under Section 14 of the Hindu Succession Act.

(3.) THE only question which arises in this appeal is whether respondent Chhabilal, who is not the son of Nathu but the son of the previous husband of Mst. Mungia, is entitled to succeed in preference to the appellants who are Nathu's daughter's sons. In this connection Sections 15 and 16 of the Hindu Succession Act are relevant. Sub-section (1) of Section 15 provides that the property of a female hindu dying intestate shall devolve firstly, upon the sons and daughters and the husband. It then goes to other heirs who are entitled to succeed. But we are not concerned with the Items (b) to (e) in that Section. Clause (b) of Sub-section (2), which is relevant for the present purpose, is as follows :