KISHAN CHATURBHUJ Vs. ARJUN SHANKAR

JUDGEMENT

(1.) THIS second appeal by the plaintiffs is directed against the judgment and decree of the first appellate court allowing the appeal by the defendants and setting aside a decree awarded by the trial court in favour of the plaintiffs. That suit was for the declaration of title and restoration of possession of the house sold by a widow who got it as her husband's heir and to which the defendant-respondents are the reversioners. The controversy arose because on the date of sale the widow had already remarried.

(2.) THE only issue is one of law: Whether according to the Hindu Law of this region, modified, if at all, by the custom of this caste (Kirar), a widow forfeits her life interest in her husband's property in the event of her remarriage.

(3.) THE plaintiffs are the purchasers from a Kirar widow after her remarriage. The reversioners contend that in accordance with Hindu Law in force in this area and applicable to this caste, the reversion to the Husband's estate opens as soon as the widow goes out of the family by remarriage, she being notionally dead as far the husband's family is concerned.