The trial companyrt dismissed the suit on the ground that during the lifetime of the mother of the appellant, she had bequeathed the properties to the appellant under a gift deed and that therefore, the decree cannot be granted as she died after she was divested of her possession.
17 of 1982 by judgment and decree dated 9 11 1983 the High Court dismissed the same.
On appeal, the District Judge reversed the decree and held that the gift is number valid and that the appellant and respondent are Class I heirs and decreed the suit for partition in equal moiety.
39 of 1979 in the Court of Special Sub Judge, Ranchi claiming half the share as Class I heir of his wife.
When her mother died intestate, the respondent husband filed the Partition Suit No.
In Second Appeal No.
Thus this appeal by special leave.
The appellant is the daughter of the respondent through second wife.
The appellant is the only issue to her mother.
