SUBARNA BISSOIANI Vs. ARJUNO BISSOI

JUDGEMENT

(1.) THE deft, is the applt. in this second appeal. The appeal arises out of a suit brought by the pltf. for recovery of two plots of lands described in the plaint schedule from the possession of the deft. These two items of land have been purchased in the name of the son of the pltf. under two sale deeds, Exs. B & C, dated 4 -10 -30 & 4 -2 -35 respectively. The pltf.'s son died in the year 1942 prior to the suit without leaving any issue. The.. deft, claims to be in possession as being his married, wife. The pltf.'s contention is that the deft, is not the legally married wife of his son & that in any case the suit properties though standing in the name of the son were the joint family properties & that his son died undivided & that therefore the deft, had no title to the property. The Cts. below have found that the pltf. & his deceased son were undivided & that the properties covered in Exs. B & C, though standing in the name of the son, were joint family properties. They also held that the; deft, is not proved to be the married wife of the deceased son of the pltf. On these findings both the Cts. below have decreed the pltf.'s suit.

(2.) ON the state of the law, as it stood on the date of the institution of the suit, namely, 22 -12 -43, the pltf. was entitled to a decree on the finding that the suit properties were the joint family properties & that the pltf.'s son died undivided from the pltf. There has, however, been a change in the law since, with retrospective operation, which has not been brought to the notice of the Cts. below.

(3.) THERE can be no doubt, therefore, that if the deft, is the married wife of the pltf.'s son, she is entitled to her husband's share in the joint family property including the suit property.