S.P.KOTVAL, J.C.SHAH
Ramchandra Sitaram and Ors – Appellant
Versus
Sakharam – Respondent
1. This second appeal raises a question as to the true interpretation of Section 14 of the Hindu Succession Act 1956 (Act 30 of 1956). The following genealogy may usefully be referred to for understanding the nature of the dispute between the parties:
Sampat died on 10-2-1944, leaving him surviving his wife Thunki, his son Laxman and a sister Tulsa. Laxman died on 3-12-1944, and the property of Sampat then devolved upon Thunki. On 23-12-1944 Thunki executed a deed of gift whereby the property in dispute in this litigation was gifted to Tulsa. On 8-6-1945, Thunki contracted remarriage. The plaintiffs who are the uncle and paternal cousins of Sampat filed Civil Suit No. 120-A of 1949 in the Court of the First Civil Judge, Class II, Akola, against Tulsa and defendants Nos. 1, 2 and 3 who are transferees from her by deeds dated 2-3-1945 and 3-3-1945, for a decree for possession of the property gifted to her by Thunki. It was the plaintiffs case that the property in suit belonged to Laxman and on his death the property devolved upon Thunki who took a limited estate of a Hindu widow, and on Thunkis remarriage the suit property devolved upon the plaintiffs by inheritance, and the d
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