RAMCHANDRA MARTAND WAIKAR Vs. VINAYAK VENKATESH KOTHEKAR

JUDGEMENT

(1.) The suit that has given rise to the present appeal was brought by the plaintiffs in the Court of the District Judge of Balaghat, in the Central Provinces of India, for possession of certain properties which originally belonged to one Laxmanrao, whose next-of-kin or bandhus they claim to be under the law of the Mitakshara.

(2.) Laxmanrao died in 1851, leaving him surviving his widow Jankibai and a daughter Chitkoobai, both since deceased. The defendant Venkatesh is Chitkoobai s husband. On Laxmanrao s death without male issue his inheritance devolved on Jankibai. She held possession of the properties in suit as a Hindu widow until her death in 1883, when Chitkoobai succeeded to her father s estate. She died on the 7th of May 1894, leaving the first defendant, her husband. The second defendant is a son adopted by him after Chitkoobai s decease.

(3.) The present action was not instituted until March 1906. The plaintiffs claim that the inheritance to Laxmanrao opened to them on the death of Chitkoobai, and that they are entitled to recover possession of the properties from the defendants who have no right of succession to Laxmanrao s estate.