R.N.MISRA
Dasarath Naik – Appellant
Versus
Gura Bewa – Respondent
JUDGMENT :- The defendant is the appellant. The plaintiffs filed a suit for partition of immovable properties contained in Kha and Ga schedules and of movables under Gha schedule and claimed that they were entitled to half share in the said properties. The relationship of the parties can be found out from the genealogy appended below:-
2. The plaintiffs claimed that the immovable properties were the separate properties of Dutia and Dutia having died 3 or 4 years prior to the institution of the suit and the plaintiff No.1 being the widow of the pre-deceased son and the plaintiff No.2 the widow of the predeceased grandson of Dutia, both of whom became widows after the commencement of the Hindu Women's Right to Property Act, they are entitled to half share in the property equal to the share that Dalu was entitled to in the property.
3. In the written statement the plaintiff's claim that the property was the separate property of Dutia was disputed. Existence of the movables as alleged was also disputed and it was claimed that whatever movables existed were brought by the wife of the defendant at the time of marriage. In the trial court no specific plea was taken on the ground that the pa
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