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1951 Supreme(Nagpur) 113

K KAUSHALENDRA RAO, DEO
BABURAO SUKHDEO – Appellant
Versus
BAI SAVITRIBAI – Respondent


Advocates Appeared:
P G Phadke, R A Dubey, Advocates

JUDGMENT

1. This is an appeal against the preliminary decree in a suit for partition instituted by the plaintiffs-appellants through their next friend against the defendant-respondent who is their step-mother.

2. The appellants attacked the finding of the lower Court that the gold ornaments Items 1, 2, 3 and 6, and the silver todas&, Item No. 8, in defendants Schedule No. 2, were her stridhan. The lower Court found that the silver todas& were gifted to the respondent at the time of her marriage and the gold ornaments were gifted to her during coverture. The learned counsel for the respondent contends that the gold ornaments were prepared out of the amount which she possessed before her remarriage with plaintiffs father Sukhdeo. The lower Court was not impressed with the sole testimony of the respondent and there is no ground to take a different view

3. The learned counsel for the appellants however contends that these ornaments should be taken into account in determining the share of the respondent. According to him the respondent as a mother is entitled to a share equal to that of a son and the property which she received as gift from her husband must be taken into account to make up









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