( 1 ) THIS is an appeal against an appellate decree of the Subordinate Judge, Sixth Court, 24 Parganas, reversing that of the Munsif, Second Court, Baruipore.

( 2 ) IT appears that the plaintiff who is a purchaser from a Hindu widow, one Bhudimoni Dassi, claimed the property in suit alleging that Bhudimoni inherited the property from, her husband Debendra and the plaintiff purchased the same from Bhudimoni. Bhudimoni is still alive. Debendra left also a daughter Mangala who died leaving a son and the son is also dead.

( 3 ) THE Principal contesting defendant is Manmatha, the husband of Mangala. His only defence was that Bhudimoni having been unchaste during the life of the husband, she did not inherit and therefore Mangala inherited and after Mangala, Mangala's son and Manmatha is now the owner as the only heir of the son.

( 4 ) THEREFORE the only pertinent questions were the question of unehastity prior to the death of the husband and secondly a question which had not been considered by either Court, namely Bhudimoni's rights under Section 3, Hindu Women's Right to Property Act, i. e. her statutory right of inheritance, notwithstanding the Hindu Law, even if