K.S.HEGDE, V.BHARGAVA
Shamlal – Appellant
Versus
Amarnath – Respondent
Judgment
HEGDE, J.:- The question of law that arises for decision in these appeals by certificate is whether the daughter of a predeceased son of a Hindu woman are entitled to succeed to her stridhana? The trial Court answered the question in the affirmative but the High Court in appeal came to the conclusion that they are not entitled to succeed to the state in question.
2. The material facts of this case are few. For a proper understanding of the facts of the case, it will be convenient to have before us the admitted pedigree of the family. It is as follows:-
3. The finding of the trial Court that the suit properties are the stridhana properties of Barji was not contested before the High Court. In this Court at one stage a feeble attempt was made on behalf of the appellants to contest that finding. We did not permit that finding to be challenged as the same had not been challenged before the High Court. Therefore we proceed on the basis of that finding. Barji died in September 1950. Her husband Patu Ram had predeceased her. It appears he died sometime in 1904. Patu Ram s father Bool Chand as well as Patu Ram s brothers Tulsi Ram, Behari Lal and Hira Lal had predeceased Barji. Patu R
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