Case Note & Summary
The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), challenging the judgment and decree dated 18.08.2017 passed by the Senior Civil Judge and JMFC, Raibag, in O.S. No. 181/2013. The trial court had dismissed the plaintiff's suit for partition and separate possession of her 1/2 share in the suit properties. The plaintiff claimed that the suit properties were joint family properties of her father Laxman Yadahalli and his brothers, and she was entitled to a share as a daughter. The defendants, who were the brothers and their legal heirs, contested the suit, denying that the properties were joint family properties. The trial court held that the plaintiff failed to prove that the properties were joint family properties and dismissed the suit. On appeal, the High Court of Karnataka at Dharwad Bench, presided over by Justice Hanchate Sanjeevkumar, examined the evidence and found that the properties were indeed ancestral and joint family properties. The court noted that the plaintiff, as a daughter, had a right to a share under the Hindu Succession Act. The High Court allowed the appeal, set aside the trial court's judgment and decree, and decreed the suit for partition and separate possession of the plaintiff's 1/2 share in the suit properties. The court directed that a preliminary decree be drawn up and proceedings for actual partition be initiated.
Headnote
A) Hindu Law - Partition - Daughter's Right - Section 6 of Hindu Succession Act, 1956 - The plaintiff, a daughter, sought partition and separate possession of her 1/2 share in suit properties claiming they were joint family properties. The trial court dismissed the suit holding that the plaintiff failed to prove the properties were joint family properties. On appeal, the High Court held that the properties were ancestral and joint family properties, and the plaintiff as a daughter is entitled to a share. The court decreed the suit for partition and separate possession of the plaintiff's 1/2 share. (Paras 1-10) B) Civil Procedure - Regular First Appeal - Section 96 read with Order XLI Rule 1 of CPC, 1908 - The appeal was filed under Section 96 read with Order XLI Rule 1 of CPC challenging the judgment and decree of the trial court. The High Court allowed the appeal, setting aside the trial court's judgment and decree. (Paras 1-10)
Issue of Consideration
Whether the plaintiff, as a daughter, is entitled to a share in the joint family properties and whether the trial court erred in dismissing the suit for partition and separate possession.
Final Decision
The appeal is allowed. The judgment and decree dated 18.08.2017 passed in O.S. No. 181/2013 by the Senior Civil Judge and JMFC, Raibag, is set aside. The suit O.S. No. 181/2013 is decreed for partition and separate possession of the plaintiff's 1/2 share in the suit properties. A preliminary decree is to be drawn up, and proceedings for actual partition shall be initiated.
Law Points
- Hindu Succession Act
- 1956
- Section 6
- coparcenary rights
- daughter's right to partition
- joint family property
- burden of proof
- partition decree
