DASARATH NAIK Vs. GURA BEWA

JUDGEMENT

(1.) THE defendant is the appellant. THE plaintiffs filed a suit for partition of immovable properties contained in Kha and Ga schedules and of movables under Gha schedule and claimed that they were entitled to half share in the said properties. THE relationship of the parties can be found out from the genealogy appended below:

(2.) THE plaintiffs claimed that the immovable properties were the separate properties of Dutia and Dutia having died 3 or 4 years prior to the institution of the suit and the plaintiff No.1 being the widow of the pre-deceased son and the plaintiff No.2 the widow of the predeceased grandson of Dutia, both of whom became widows after the commencement of the Hindu Women's Right to Property Act, they are entitled to half share in the property equal to the share that Dalu was entitled to in the property.

(3.) THE conclusion to be reached in the appeal, therefore, would be- (1) the plaintiff No.2 alone - and not the other plaintiffs - has 1/3rd share in Kha and Ga schedule properties (2) the plaintiff No.2 has also 1/3rd share in the two items of Gha schedule properties, namely a pair of bullocks and a pair of buffaloes. A preliminary decree in respect of such claim to the extent indicated be granted to her in lieu of the decree granted in the trial court. As it is preliminary decree for partition which is now passed. I would call upon the parties to bear their own costs upto this stage. Further costs to be borne in accordance with the respective shares decreed now. Order accordingly.