BHAGWANT AMARSINGH TELI Vs. MANMATI

JUDGEMENT

(1.) THIS case comes before us for decision upon a reference made by one of us (Tare J.) upon the following question :

(2.) THE genealogy of the parties is as follows :

(3.) THE present suit was filed by Darasram's mother, Mst. Narbadia and wife Mst. Manmati for setting aside the alienation dated 7 -1 -1954. So far as Mst. Manmati is concerned, it is clear that under the Hindu law, she could claim a share if a partition was effected between her husband and his sons. (See Section 315 Mulla's Hindu Law) aS there was no partition of this kind, she has no right in the property during Darasram's life -time, except the right of maintenance. Therefore, it is not necessary to consider the question with reference to Mst. Manmati.