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1966 Supreme(Bom) 74

V.M.TARKUNDE, M.G.CHITALE, V.S.KOTWAL
Ranu Thaku Kokate – Appellant
Versus
Santu Goga Bhangare – Respondent


JUDGMENT - Kotval, C.J.

(1) This second appeal has been referred for decision to the Full Bench as it involves an important question as to the scope and effect of sections 2 and 3 of the Hindu Womens Rights to Property Act XVIII of 1937 as amended by Act XI of 1938. The facts upon which the questions arise fall within a narrow compass. One Yesu had two sons; Pandu and Goga. Pandu had a wife Dhondi and two daughters Jani and Patri. Pandu died in 1939 leaving behind his widow Dhondi, two daughters Jani and Patri and a widow of his predeceased son Sakharam. The name of the widow of the predeceased son does not appear on the record before us. Goga had two sons Santu and Bahiru. On 24th March 1939 a partition took place between Goga and Dhondi, the widow of his brother Pandu, and by that partition Dhondi was given the agricultural lands which were the subject-matter of the suit. They are lands admeasuring in all 21 acres and 11 1/2 gunthas. It appears that on the same day that the partition took place, Dhondi sold away the entire property to the 1st defendant Ranu Thaku Kokate for a sum of Rs. 300. After the sale Dhondi died in 1945 and after her Goga died in 1949.

(2) Now the suit was













































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