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1967 Supreme(Raj) 116

CHHANGANI
Mst. Bhuri Bai – Appellant
Versus
Mst. Champi Bai – Respondent


Advocates Appeared:
M.C. Bhandari, D S. Shishodia and Ashok Mathur, for Appellant; B.B. Desai & R.C. Maheshwari for Respondents

CHHANGANI, J.—This is a plaintiffs second appeal and is directed against he appellate judgment and decree of the Additional Civil Judge, Udaipur, dated 10th July, 1961. By this decree, the first appellate court allowed the appeal of the defendant-respondents and reversed the decree of the trial court and dismissed the plaintiff appellants suit in entirety.

There is no controversy over facts which may be briefly stated as follows—

2. The dispute relates to the property of one Kachru Brahmin of village Lemdi, Tehsil Sagwara. He had both urban and agricultural properties which have been described in detail in Schedule I annexed to the plaint. He had been married with Mst. Champi Bai the defendant respondent. He died in the year 1950 leaving surviving his widow Mst. Champibai Mst. Champibai as his widow succeeded to his property. The Hindu Succession Act, 1956 (hereinafter to be referred to as the Act) came into force in June, 1956. This Act, it may be mentioned, improved the condition of the Hindu widow and converted the "limited estate" into "absolute estate". After the promulgation of the Act, Mst. Champi Bai contracted remarriage with Shri Nathu Ram defendant No. 2 some time either i















































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