SAVITRIBAI GANESH KHADILKAR Vs. BHAUBHAT SAKHARAMBHAT KHADILKAR

JUDGEMENT

(1.) In this case the plaintiff sued to recover certain, properties as the heir of her husband, to whom the properties belonged. Her husband died in 1914; and she alleged that thereafter the first three defendants, who were the Bhaubhands of her husband, got the tenants over to their side and took possession of the lands. In the course of the suit, as the learned trial Judge thought that she was mentally infirm, he appointed her brother as her next friend for the suit.

(2.) The defence of the first three defendants was that she was congenitally deaf and dumb, and that she was disqualified from inheriting the property as an heir according to Hindu Law. That is the only defence with which we are concerned now. The other defendants, Nos. 4-7 made common cause with the first these defendants, though in their own right they were not entitled to the property.

(3.) The first issue raised by the trial Court was: "Is plaintiff born totally deaf and dumb or is she only partially deaf and dumb?" There was no separate issue as to whether she was deaf and dumb by birth ; but this issue was understood to cover that question and the parties adduced evidence on the point. The learned Judge on a consideration of the expert evidence as well as the other evidence in the case came to the conclusion that she was not deaf and dumb from birth, but that in fact she was almost totally deaf and dumb. Further, he came to the conclusion that such deafness and dumbness were sufficient to disqualify her from inheriting according to Hindu Law, though the infirmities were not congenital. He recorded findings on other issues; but, having regard to the view which he took of the disqualification of the plaintiff to inherit as an heir he dismissed her suit.