DULHIN TALUKRAJ KUAR Vs. BABUI BACHA KUAR

JUDGEMENT

(1.) In this appeal by the plaintiffs an interesting question arises for decision, namely whether the rule of the stridhan succession according to the Mitakshara School has been altered by Hindu Law of Inheritance (Amendment) Act (Act 2 of 1929), hereinafter to be referred to as the Act.

(2.) This is an appeal by the plaintiffs who are aggrieved by the decision of the first Additional Subordinate Judge of Chapra, dated 31 January 1944, by which he has dismissed their Suit which was instituted for recovery of possession of the disputed property in these circumstances.

(3.) Gosain Jag Mohan Datt Pandit, the common ancestor of the parties, had two eons, Gossain Gopal Dutt Pandit and Gossain Chatturbhuj Dutt Pandit. Gopal Dutt had four sons two of these, Radha Kishun Dutt and Basudeo Dutt died before the relevant date the third son, Ramkishun Dutt, died in 1984 leaving two widows the two plaintiffs in the action. The fourth son, Chandra Shekhar Dutt, is also dead. The plaintiffs case was that all these four sons-and Gopal Dutt died separate from one another