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 future mesne profits.
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.
The trial companyrt decreed the suit and granted a declaration that Bai Jadav was entitled to a half share in the properties in suit and also passed a preliminary decree for partition of the properties.
Thereafter, on May 27, 1959, Bai Reva sold the Gabhan property to one Ahmad Vali Isap.
Apparently his second marriage was number approved of by the first wife and she left the husbands residence and went to live with her fathers family.
This is a widows appeal on a certificate of valuation granted by the Gujarat High Court.
He was the owner of immovable properties which companysisted of houses and lands.
It arises out of a suit for partition of the deceased husbands properties filed by the companywidow and for possession of her one half share therein.
One Bhikhabhai resided at Rahad in the Taluka of Wagra in the district of Broach.
On the death of Bhikhabhai, Bai Reva, the second wife, companytinued in possession of her husbands properties.
As we have said, Bai Jadav was residing away from her husband with her parents.
The Trial companyrt also directed an enquiry for the purpose of ascertaining future mesne profits.
It was easy for her to do so for she had been residing with him all along.
