GANGU Vs. CHANDRABHAGABAI

JUDGEMENT

(1.) The property in dispute belonged to one Dashrath Ramshet, on whose death in 1900, his widow, Kashi, succeeded as heir. In 1902, she was murdered by Govind Purshotam, son of her husband's half-brother, Purshotam Ramshet. For that offence Govind was tried, convicted, and hanged in the same year.

(2.) The respondent in this second appeal, Chandrabhagabai, who is the widow of Govind, thereupon sued to recover the property of Dashrath Ramshet upon the ground that, on Kashi's death, the property descended to Govind as the next reversionary heir of Dashrath, and that, on Govind's death, it descended to her (the respondent) as his widow and heir. She also maintained in her claim that, in the event of its being held by the Court that in consequence of the murder of Kashi by him Govind had lost his right of inheritance to Dashrath, the property must be regarded as having devolved upon her in her own right as reversionary heir of Dashrath, by reason of her being his gotraja-sapinda.

(3.) The Subordinate Judge of Poona, who tried the suit, rejected the claim upon the ground that the offence of murder committed by Govind excluded him from the right of inheritance to Dashrath and that the respondent, claiming through Govind as his widow, was affected by the same disability.