HIRA Vs. HANSJI PEMA

JUDGEMENT

(1.) The appellant before us was the original plaintiff who sued for a declaration of her right as the heir of her step-sister Ratan. The parties are Kolis by caste. Ratan was the daughter of one Hiria by Hiria s wife Ramli. The plaintiff is the daughter of Hiria by another wife. It appears that Ratan had been three times married before suit, and had been divorced from her former husbands. The second defendant was her fourth husband to whom she was married in 1907. Shortly after that Hiria died and about a week later Ramli died. Their property went in part to Ratan and in part to the present plaintiff. On the 33rd October 1908, Bai Ratan died. The first defendant took possession of her property claiming as heir and also under a will. The second defendant also claimed as heir and under another will.

(2.) In the trial Court the decision went in favour of the plaintiff, who was held to be the preferential heir to Ratan s stridhan property, the Court holding that Ratan s marriage with the second defendant was in the asura, that is, an unapproved form. It followed that the preferential heir was the step-sister and not the husband or the cousin.

(3.) The husband alone appealed to the District Court, and there he has succeeded, because in the District Court s opinion his marriage with Ratan was not in the asura form and was not in any unapproved form.