KULUSUMBI Vs. AZEEZA BEGUM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the Civil Judge, Bellary on 10 -2 -76 in O.S. No. 10/1966. The appellants are the defendants. The respondents are the plaintiffs.

(2.) THE undisputed facts are that one Osman Pasha died on 30 -6 -1960 in a motor -cycle accident. Respondent No. 1 -plaintiff No. 1 was married to him on 22 -7 -1957 and respondent No. 2 - plaintiff No. 2 is their daughter. Appellant No. 1 -defendant No. 1 is the mother of Osman Pasha. Appellant No. 2 is his brother and appellant No. 3 is his sister.

(3.) VARIOUS contentions were advanced in defence. The two main contentions were that a motor - cycle was driven by Osman Pasha and that a person who was on the pillion seat had caused the accident and made him to die and that plaintiff No. 1 has subsequently married that person and because she has contributed to the death of Osman Pasha, she should be excluded from inheritance and because she re -married after becoming widow, she cannot claim any share in the suit schedule properties.