BAI MANCHHA Vs. TRIBHOVAN LALLUBHAI PATEL

JUDGEMENT

(1.) The property in suit is situated in the village of Amleshwar in the District of Broach. It consists of a whole bhag which belonged to one Morar Kalidas who died leaving no son, but a widow, Bai Suraj, a mother named Laxmi and a daughter named Manchha, defendant No. 1. The widow Bai Suraj remarried in 1905 and the mother Laxmi died in the year 1920. The mother Laxmi and defendant No. 1 lived together and enjoyed the property. Defendant No. 2 is the husband of defendant No. 1. The plaintiff has brought this suit to recover possession of the property in suit from the defendants on the ground of his being the nearest pitrai of Morar Kalidas and entitled to succeed to his estate as a reversioner on the death of the last female holder Bai Laxmi.

(2.) Though under Hindu law defendant No. 1, as the daughter of Morar Kalidas, would be the heir on the re-marriage of the widow Bai Suraj, it is urged on behalf of the plaintiff that according to the special custom of succession to bhag property the daughters and sisters are excluded from succession by male pitrais, and therefore the plaintiff is entitled to recover possession of the property.

(3.) The learned Subordinate Judge held that the plaintiff was the next reversionary heir of the deceased Morar Kalidas. He also found that the bhagdari custom of excluding daughters from inheritance in favour of pitrais was proved, and that the suit was within time and was not barred by adverse possession of the defendant. He, therefore, passed a decree in favour of the plaintiff for recovery of possession of the property with mesne profits.