- (1.) We have heard the learned counsels for the parties.
(2.) Three courts including the High Court in Second Appeal have decreed the suit of the plaintiffs for partition. The plaintiff No.1- Dahiben is the daughter of plaintiff No.2 - Bai Jethu. The property in respect of which partition was prayed for in the suit belong to one Dahyabhai who had died in the year 1942 leaving behind his son - the first defendant - Karsanbhai Dahyabhai Parmar (appellant herein), plaintiff No.2 (Bai Jethu) - the widow, who also is no more and four daughters three of whom had died and the first plaintiff who is the sole surviving daughter.
(3.) As the death of the original owner (Dahyabhai) had occurred in the year 1942 the entitlement of the parties will be governed by the Baroda Hindu Nibandh 1937 and specifically Section 197 thereof which, inter alia, makes it clear that following the death of a male, his property will devolve on his son and widow. In the present case as the deceased owner (Dahyabhai) had left behind only one son i.e. defendant No.1 (Karsanbhai Dahyabhai Parmar, appellant herein) we are not required to go into the question as to whether the son who would inherit the property is the eldest son or that the property would also be inherited by other sons of the deceased owner.;