KASHINATHA SAMAL Vs. GOLAK CHANDRA BARAL AND ANR.

JUDGEMENT

(1.) BANCHHANIDHI Sarna died on 31 -12 -1951. His widow Kuntala died on 17 -2 -1952. Kashinath (Plaintiff) claims to be the adopted son of Banchhanidhi. Radiani, admittedly the daughter of Banchhanidhi, predeceased him. Radiani's daughter Satyabhama (original Defendant No. 1) died during the pendency of the suit leaving behind Kangali (Defendant No. 2) and Golak (Defendant No. 1), the son of Kangali. Plaintiff's suit is for permanent injunction. Eight items of properties are involved in the suit. Plaintiff's case was that these properties belonged to Bachhanidhi and were not the Stridhan of Kuntala and that Defendant No. 1 had no interest in these properties. Defendant No. 1, on the other hand, contested the suit alleging that all these properties belonged to Kuntala as her stridhan.

(2.) THE trial court found that all these properties belonged to Banchhanidhi and were not the Stridhan I of Kuntala. On the finding that the Plaintiff was in possession of them, the suit for permanent injunction was decreed. The legal representatives of Satyabhama filed an appeal. The lower appellate court held that out of eight items, only item No. 4 was the Stridhan property of Kuntala. It accordingly dismissed the appeal in respect of all items except item No. 4. As the Plaintiff's suit was dismissed with regard to item No. 4, he has filed the second appeal while the Defendants have filed the cross objection with regard to other seven items in respect of which Plaintiff's claim was upheld.

(3.) SO far as the second appeal is concerned, Mr. Das raised two contentions: (i) Item No. 4 recorded in the settlement in the name of Kuntala must be presumed to have been purchased from out of joint family funds, and as such, it has no Stridhan character in the technical sense and must be inherited by the heirs of her husband; and (ii) even assuming that it was the Stridhan property of Kuntala, on her death in 1952, Satyabhama inherited it as a limited owner. On Satyabhama's death in 1958, it would be inherited by the Plaintiff. Reliance is placed on the order of succession as given in Section 15 of the Hindu Succession Act.