ANHIA MANDALANIN Vs. BAIJNATH MANDAL

JUDGEMENT

(1.) There is an interesting and important point of Hindu law involved in this second appeal filed by the plaintiffs. The facts of the case may be stated in a narrow compass and at the second appellate stage they were no longer in dispute. One Chaitan Mandal had a wife named Bhodia. Chaitan had a daughter Basia from Bhodia. Bhodia died. Chaitan took a second wife named Budhia who was defendant No. 2 in the action and is respondent No. 2 in this appeal. Chaitan had two sisters who are the plaintiff-appellants. Chaitan died sometime in or about the year 1947 leaving Budhia as his widow and Basia as his daughter from his first wife Bhodia. Some time after the death of Chaitan but before 1956 Budhia remarried one Ananti Lal Mandal. Therefore, Basia came in possession of the entire property left by Chaitan being his only heir alive at that time. She was a minor and was living with her maternal grand father. There were some litigations--both criminal and civil--between the two sisters of Chaitan, namely, the plaintiffs and Basia. In the year 1956 before coming into force of the Hindu Succession Act, 1956 (hereinafter called the Act) a compromise was entered into between the two sisters and Basia, the latter acting through her guardian--the maternal grandfather. Basia died after coming into force of the Act. She died unmarried. Budhia executed a sale deed in favour of defendant No. 1 respondent No. 1 in respect of the properties left by Basia. Budhia, it appears, claimed to be the heir of Basia's property after her death. Plaintiffs filed the suit for declaration of title to, and recovery of possession of, the suit properties, alleging that after Basia's death they were the heirs, under the Act, of the property left by her and not Budhia; Budhia had no right to execute a sale deed in favour of defendant No. 1. The suit was resisted by the said defendant. It was decreed by the trial court but dismissed by the lower appellate court on the filing of appeal by defendant No. 1. Hence the second appeal by the plaintiffs.

(2.) There is no doubt that the inheritance of the properties left by Basia will be governed by the Act. Section 15 prescribes the general rules of succession in the case of female Hindus and it reads as follows:--

(3.) It was a well settled principle of Hindu Law which was in vogue before coming, into force of the Act that a widow by her second marriage forfeited the Interests in her deceased husband's estate and it passed to the next heir of her deceased husband as if she were dead. Vide Section 2 of the Hindu 'Widows' Re-marriage Act, 1856, which reads as follows-