Mangat vs Bharto - 1926 Supreme(All) 290

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(All) 290

DALAL
Mangat – Appellant
Versus
Bharto – Respondent

JUDGMENT

Dalal, J. - For the purposes of this second appeal, it must be held that the plaintiff, Mt. Bharto is the daughter of Mt. Rukmin by Hari Ram This was disputed by the defendant, but both the subordinate Courts held in favour of the plaintiff. The next point is whether the suit for declaration by plaintiff that the deed of gift executed by Mt. Rukmin in favour of Defendants Nos. 1 and 2 was not binding on her was time barred or not. It was argued that Mt. Rukhmin lost her right to hold her husband's estate for her life on her remarriage, and as she continued in possession she became owner by adverse possession after a lapse of twelve years. Reference was made to Section 2 of the Hindu Widows Remarriage Act (Act No. 15 of 1856), which enacted that a Hindu widow on remarriage forfeited all her rights and interest in her deceased husband's property. This Court, however, has held repeatedly that this forfeiture does not apply to a Hindu widow who is permitted to remarry prior to 1856. All the previous judgments are referred to at page 165 of a Bench ruling of this Court in Gajadhar v. Kaunsilla [1909] 31 All. 161. Mr. Justice Banerji, who delivered the judgment of the Court, felt

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