JUDGMENT :

The short question for determination in this appeal is, whether the property of a Hindu female dying intestate would, under clause (a) of sub-section (1) of section 15 of the Hindu Succession Act, devolve on her son or daughter from a previous husband, or upon the heirs of the husband under clause (b).

2. The facts, in brief are as follows :

The plaintiff, Gilli, brought a suit for declaration of title to, and possession of, the suit lands and house, alleging that the property constituted joint family property and, therefore, devolved on him by survivorship. That claim of the plaintiff was contested by the defendant, Mst. Bhagwania. She alleged that the property was the separate property of Kandhai. She further alleged that, upon the death of Kandhai in the year 1952, the property was inherited by his widow, Mst. Chaturia. The defendant is the daughter of Mst. Chaturia from her previous husband.

3. The Courts below have decreed the plaintiff’s claim, holding that the suit property was the separate property of Kandhai and, on his death in 1952, it was inherited by his widow Mst. Chaturia; that Mst. Chaturia, being possessed of the property, became the absolute owner thereof