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1986 Supreme(SC) 151

R.B.MISRA, R.S.PATHAK
Bai Reva, Widow Of Bhikhabhai Alias Parshottam – Appellant
Versus
Bai Jadav – Respondent


Advocates:
P.H.Parekh, R.C.BHATIA, S.K.DHOLAKIA, V.DHOLAKIA

JUDGMENT:— This is a widows appeal on a certificate of Valuation granted by the Gujarat High Court. It arises out of a suit for partition of the deceased husbands properties filed by the co-widow and for possession of her one half share therein.

2. One Bhikhabhai resided at Rahad in the Taluka of Wagra in the district of Broach. He was the owner of immovable properties which consisted of houses and lands. Bhikhabhai died on March 12, 1947 leaving behind two widows, Bai Jadav and Bai Reva. He had married Bai Jadav in 1933, and some years later in 1936 he entered into matrimony with Bai Reva. Apparently his second marriage was not approved of by the first wife and she left the husbands residence and went to live with her fathers family. On the death of Bhikhabhai, Bai Reva, the second wife, continued in possession of her husbands properties. It was easy for her to do so for she had been residing with him all along. As we have said, Bai Jadav was residing away from her husband with her parents. It appears that in May 1958 Bai Jadav executed a gift deed of her one-half share in the Gabhan property of her deceased husband in favour of one Jijibhai Shankerbhai. Thereafter on May 27, 1959,









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