TARA HARI SHINDE Vs. KRISHNA BANDU GHODKE

JUDGEMENT

(1.) The appellant was plaintiff in the action out of which this second appeal has arisen. She sued to recover possession of the property of her father, Hari Shinde, deceased, alleging in her plaint that he died, leaving three daughters, including herself; and that she was unmarried and the other two married. She claimed the property as heir to the exclusion of her sisters under the rule of Hindu law that an unmarried inherits to her father before his married daughter.

(2.) The appellant's sisters as defendants resisted the claim upon several grounds, one of which, material for the purposes of this second appeal, was that she was a murali prostitute and that, therefore, she was not an unmarried daughter of her father to entitle her to the whole of his property.

(3.) The Subordinate Judge, who tried the suit, found that the appellant was a murali dedicated to The service of the god Khandoba and lived by prostitution. But he held that, as she had never married, she was an unmarried daughter of her father. Accordingly, he awarded the appellant's claim.