- (1.) This is a widow's appeal on a certificate of Valuation granted by the Gujarat High Court. It arises out of a suit for partition of the deceased husband's properties filed by the co-widow and for possession of her one half share therein.
(2.) One Bhikhabhai resided at Rahad in the taluka of Wagra in the district of Broach. He was the owner of immovable properties which consisted of houses and lands. Bhikhabhai died on March 12, 1947 leaving behind two widows, Bai Jadav and Bai Reva. He had married Bai Jadav in 1933, and some years later in 1936 he entered into matrimony with Bai Reva. Apparently his second marriage was not approved of by the first wife and she left the husband's residence and went to live with her father's family. On the death of Bhikhabhai, Bai Reva, the second wife, continued in possession of her husband's properties. It was easy for her to do so for she had been residing with him all along. As we have said, Bai Jadav was residing away from her husband with her parents. It appears that in May 1958, Bai Jadav executed a gift deed of her one-half share in the Gabhan property of her deceased husband in favour of one Jijibhai Shankerbhai. Thereafter on May 27, 1959, Bai Reva sold the Gabhan property to one Ahmad Vali Isap. This provoked Bai Jadav to file a suit on June 15, 1959 in the Court of the learned Civil Judge Senior Division at Broach. She claimed partition and possession of her half share as well as past and futures mesne profits.
(3.) The suit was resisted by Bai Reva on a number of grounds, but the only plea with which we are concerned in this appeal is that of adverse possession.;