DESBPANDE J.-The short question that falls for determination in this case is as to whether, a son by the first husband of a female Hindu is entitled to succeed to the property on her death inherited by her from her second husband, under section 15 of the Hindu Succession Act of 1956.

2. Facts in this case are not in dispute. One Durgappa Banoji Redekar was the owner of survey Nos 48 II, 4817 and 12514 situate in village Manwad in Kolhapur district. Durgappa died leaving behind him no issues, male or female, but his widow Yamunabai. Yamunabai succeeded to the property on the death of Durgappa and enjoyed the property till her death on August 6, 1961. Yamunabai was thus alive on June 17, 1956, when the Hindu Succession Act of 1956 (hereinafter referred to as "the Act") came into force, and was in possession of the said property, and she thus became absolute Owner of the same in view of section 14 of the Act. Yamunabai left behind her the petitioner Rama, who is admittedly her son born to her from her first husband, after whose death she was married to Durgappa. The Circle Officer held inquiry in mutation proceedings under the Bombay Land Revenue Code to decide whose name sho