HAZARILAL MUKUNDILAL Vs. MAHESH

JUDGEMENT

(1.) THIS appeal under the Letters Patent arises out of a judgment in Second Appeal which was delivered by a single Judge of this Court on 17 April 1957.

(2.) THE only point for consideration in this appeal is whether, upon the death of a Hindu widow after the Central Provinces Tenancy (Amendment) Act, 1939 (XI of 1940) came into force, the occupancy land, which she had inherited from her husband before that Act, passed by inheritance to the heirs of her husband or devolved on the surviving coparceners of the Hindu joint family of which the husband was himself a coparcener at the time of his death.

(3.) THE Court of first instance decreed the claim mainly on the finding that Mst. Budhia had surrendered her share in the plots and accepted payment. In first appeal, that finding was reverted and it was held that Rewaram's interest passed to Mst. Budhia and, after her death, to Mst. Laltabai. The learned single Judge, affirming that view, observed: