Effect on the right of the widows.

1948. The plaintiff, therefore, claims that the defendants who got unlawful possession of the properties taking advantage of the pendency of the testimentary proceedings should be directed to deliver those properties to her. The suit was contested on various grounds which are reflected in the issues framed in the case by the defendants. The learned Subordinate Judge decreed the suit as prayed for, directing symbolical possession of the undivided properties and actual possession in regard to the separate items of properties. An appeal was filed to the lower Court by the first defendant. The first defendant as stated already is the son of a step-brother of the deceased Perumal Reddiar. The learned District Judge found that on the date of the death of Perumal Reddiar the properties did not belong to him. In coming to that conclusion the learned Judge made some mistakes. He has for instance held that Exhibit A-2 could not be relied on as an admission on the part of the contesting defendant that the properties belonged to Perumal Reddiar. It is now found that the contesting defendants were responsible for the fabrication of Exhibit A-2 and if they themselves in their fabricated will allege that Perumal Reddiar was the owner of the properties and sought to derive title thereunder it should be taken as practically amounting to an admission on their part that Perumal Reddiar owned the properties said to be disposed of under the fabricated will. The learned Judge, however, declined to consider Exhibit A-2 as relevant evidence as the ownership of the properties by Perumal Reddiar. I do not agree that Exhibit A-2 should be so excluded from evidence. There is also other evidence in the case which would show title and possession was with Perumal Reddiar and after his death in his widows. That evidence has not been considered by the learned District Judge before he thought it fit to reverse the finding of the trial Court on the point. I cannot, therefore, sustain the finding of the lower Court in regard to point No. 1.

Next, the learned Judge held that the plaintiff being one of the co-widows could not sustain the action. He thought that the presence of the other co-widows would be necessary for the purpose of adjudicating their disputes inter se. In that view he -directed the other widows being impleaded as co-defendants under Order 1, rule 12, ‘Civil Procedure Code and directed fresh evidence to be taken in the case after so impleading them. Mr. D. Ramaswami Iyengar, learned counsel for the respondent, supports that view of the District Judge by contending that on the date when succession opened to the estate of Perumal Reddiar and on the date on which the suit was filed the widows were having only a joint estare. Therefore he argued that one of the co-widows could not by herself file a suit in ejectment against any trespasser on the footing that she alone was entitled to the property. He further contended that the absence of the other co-widows from the record would result in the estate of the deceased male owner not being represented at all and that therefore, the suit should fail. This argument, no doubt, has force but there are two answers to it. If the learned advocate is right, he ought to have filed an appeal against the order of remand by which the learned District Judge gave an opportunity to the plaintiff to implead the co-widows. That, he has not done. Even apart from that, I am of opinion that if we take note of subsequent events in the case it is not necessary that the plaintiff should implead the co-widows. During the pendency of the suit the Hindu Succession Act XXX of 1956 came into force. Under section 14 of that Act all persons having a woman’s estate under the Hindu Law are declared entitled to an absolute estate in the properties: so that after coming into force of that Act the three widows would be entitled to an absolute estate. Joint tenancy is unknown to Hindu Law except where it is created by statute or an instrume

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