Judgement

Appeal from a decree of the High Court (February 10, 1904), reversing a decree of Batty J. (February 21, 1903) and dismissing the appellants suit. The question between the parties was one of law, whether the appellant is the preferential heir according to the Hindu law of the Bombay school of a Hindu widow named Bachubai, who died childless and intestate on May 9, 1899.

The property in dispute is a house in Bombay which was Bachubais stridhan, and of which she died possessed. The claimants thereto were the appellant, the surviving co-widow of Bachubais husband Koreji Haridass, who had conveyed absolutely the property to Bachubai on November 24, 1892, in contemplation of marriage; the first respondent Hunsraj Morarji, who was the separated nephew of Koreji, being the son of his eldest brother, who predeceased Bachubai; the second respondent Bai Monghibai, who was the widow of a younger brother of Koreji named Ranchordas Haridass, who survived the widow.

The issues fixed were (1.)—whether, on the death of Bachubai, Ranchordas Haridass was not the heir of Bachubai and succeeded to the property mentioned in the plaint; (2.) whether the first defendant, as widow and heir of Ra