Judgment

GAJENDRAGADKAR, J.: (for himself, K.Subba Rao, K. N. Wanchoo and N. Rajago pala Ayyangar JJ.)

This appeal arises from a suit filed by the appellant Kanakarathanammal in the Court of the IInd Additional District judge, Bangalore (O. S. No. 39 of 1947-48) in which she claimed to recover possession of the properties described in the schedules attached to the plaint. Schedules 1 and 2 consist of movable and immovable properties, while schedule 3 refers to jewels and silverware. The appellant laid a claim to these properties as the sole heir of her mother Rajambal who died on September 13, 1946. Her case was that she was entitled to these properties exclusively under sub-clause (i) of Clause (1) of section 12 of the Mysore Hindu Law Women s Right Act 1933 (No. X of 1933) (hereinafter called the Act). A gold before which is an item of jewellery was described by her in schedule 4 and the same was claimed by her on the ground that it had been presented to her by her father before he died on March 20, 1947.

2. The case set out in the plaint showed that according to the appellant the properties in schedules 1, 2 and 3 belonged exclusively to her mother and when she made a claim against