NATHA NATHURAM Vs. CHHOTALAL DAJIBHAI MEHTA

JUDGEMENT

(1.) This suit was brought by the plaintiff to recover possession of the property in suit as reversioner of one Harjivan Sadaram, on the ground that the marriage of defendant No. 1's father Nathu, a Brahmin by caste, with defendant No. 1's mother, a Koli woman, was invalid and illegal, that defendant No. 1 was an illegitimate son of Nathu, the brother of Harjivan, and therefore did not inherit to his uncle Harjivan.

(2.) Defendant No. 1 contended that Nathu, born a Brahmin, married Hari, a Dharala woman, and defendant No. 1, a son, and defendant No. 2, a daughter, were born of that marriage, and were the legitimate children of Nathu and entitled to inherit Harjivan's property. The rest of the defendants are the tenants of the lands in suit.

(3.) The learned Subordinate Judge, following the decision in Bai Gulab V/s. Jiwanlal Hanlal (1921) I.L.R. 46 Bom. 871, s.c. 24 Bom. L.R. 5, held that a man of a higher caste can validly marry a girl of the lower caste, and therefore, defendant No. 1 was a legitimate son of Nathu and entitled to inherit the property of his uncle, and, therefore, dismissed the plaintiff's suit.