LAXMIBAI Vs. RADHABAI

JUDGEMENT

(1.) This suit was filed by the widow of Dhaku Sakharara against the defendant claiming to be entitled to sole possession and enjoyment of the estate of the deceased during her life-time, subject only to a right of maintenance of the defendant. It was alleged by the plaintiff that the defendant was a woman living with the deceased who was not entitled to the rights of a Hindu wife, and that on the death of the deceased she was only entitled to maintenance out of the property until she formed some other connection. The prayer was that it might be declared that according to the custom of the community the defendant was only entitled to provision being made for her maintenance out of the estate of the deceased; that the plaintiff was solely entitled as a Hindu widow; that the defendant might be ordered to discover and hand over to the plaintiff the property now in her possession or power belonging to the estate of the deceased including the title deeds of the Panvel property ; and that it might be declared that the ornaments did not form part of the estate of the deceased, but formed part of the stridhan property of the plaintiff. Then there was a prayer for injunction and Receiver.

(2.) The defendant put in a written statement claiming to be a co-widow of Dhaku Sakharam, and joint owner of his estate with the plaintiff". An application was made by the plaintiff for a Receiver to take charge of the property in the possession of the defendant and belonging to the estate of the deceased, and it was admitted that the defendant was in possession of certain outstandings recoverable on account of the estate of the deceased. On that application by consent the. parties deposited with their respective solicitors property in their possession pending the hearing and no further order, therefore, was made.

(3.) At the hearing the issue was in substance whether the defendant was, as she claimed to be, co-widow of the deceased, and that issue was decided against her.