GOVIND RAMAJI GANJALE Vs. SAVITRI RAMA THOSAR

JUDGEMENT

(1.) The plaintiff sued for a declaration that a sale-deed executed by her and her sister Manjoola on the 3rd August 1911 in favour of their uncle, the defendant, was null and void, and to recover possession of the property described therein. Manjoola, the plaintiff s sister, died in February 1912, and the plaintiff claims both in her own right, and in the right of Manjoola as her heir, to recover the property.

(2.) The first question is whether the plaintiff is the heir of Manjoola. That depends upon the question whether Manjoola was married by the asura form of marriage or by an approved form. If she was married by the asura form, then the plaintiff is her heir. It is held by both Courts that dej was paid on Manjoola s marriage, and that the defendant postponed that marriage because the dej had not been paid. They, therefore, came to the conclusion that the dej was paid to the defendant as a bride price. The marriage was, therefore, in the asura, form.

(3.) It has been held by the lower Courts that the appellant was in a fiduciary relation to his nieces. They were brought up in his house and acted under his influence. The Courts also held that the price paid under the sale-deed as a consideration for the transfer of the plaintiff and her sister s property to the defendant was inadequate.