BLSHAL ALIAS GUDAWALA Vs. GOURLSHANKAR

JUDGEMENT

(1.) THIS is an appeal by the defendants against the decree of the District Judge, Chhatarpur, dated 6 th April 1967, reversing the decree of the Civil Judge, Class II, Chhatarpur, dated 23rd March 1966.

(2.) THE facts giving rise to this appeal are as follows: THE plaintiff Gouiishanker brought a suit against his sister Mst. Mathura and her husband for possession of a house left by his father Bhairon, alleging that after his death the occupation of the defendants was that of licensees. Bhairon admittedly died after the Hindu Succession Act came into force. THE First Court nonsuited the plaintiff, but the decree has been reversed in appeal.

(3.) THE contention that Mst. Mathura was a licensee must be rejected. Under section 8 of the Hindu Succession Act, a daughter, whether married or unmarried, inherits simultaneously with a son and takes a share equal to that of a son. THErefore, even though Mst. Mathura was in permissive possession of the house during the life time of her father Bhairon, she, immediately upon his death, succeeded to the property as an heir. A fortiori, it must be held that she acquired half share in the house. Mst. Mathura, accordingly, is a co-owner in possession and not a mere licensee.