BAI KAMALA WD O CHOKSHIWALA MANGALDAS RANCHHODDAS Vs. OCHHAVLAL CHHAGANLAL

JUDGEMENT

(1.) This appeal from an order is by the original defendant No. 1 who is the widow of one Choksiwala Mangaldas Ranchhoddas. The plaintiff claiming to be one of the reversioners had filed a suit against the widow of the deceased Mangaldas and against two other defendants for a declaration that the will executed by her in favour of her brother defendant No.2 was not for legal necessity; for declaration that some other documents executed by defendant No. 1 were not binding on the rights of the reversioners; for a direction that the widow should be asked to keep accounts; for an injunction restraining her from wasting the property of her deceased husband and from injuring the rights of the reversioners and for an appointment of a receiver of the property. The suit was filed in 1954 and while the suit was pending the Hindu Law of Succession came into force in 1956. The learned trial Judge therefore framed an issue as follows:

(2.) In the result he found issue No. 10 in the negative and dismissed the suit and ordered each party to bear its own costs.

(3.) In appeal the learned Assistant Judge at Baroda observed that the rights of the plaintiffs as reversioners for which they had filed a suit on 1 cannot be said to be extinguished and abrogated when the Hindu Succession Act of 1956 came into force on 18th June 1956. He therefore held that the trial Judge was not justified in dismissing the suit on the preliminary ground. He therefore allowed the appeal and set aside the decree of the trial Court and also the finding of the trial Court. He remanded the suit back to the trial Court for proceeding according to law. It is against this order that the present appeal has been filed.