Case Note & Summary
The case arises from a partition suit (Regular Civil Suit No. 2005 of 1986) filed by the original plaintiff (since deceased, represented by legal heirs) against the defendants (also since deceased, represented by legal heirs) concerning a suit house. The trial court on 20.02.1988 passed a preliminary decree for partition and directed appointment of a commissioner to effect partition. The court held that the plaintiff was entitled to 5/12 share, defendant No.6 and defendant No.7 (widow of deceased Ganpatrao) each entitled to 1/12 share, and defendants No.1 to 5 collectively entitled to 5/12 share with equal rights among them. The first appellate court confirmed the decree. The appellants (legal heirs of the original plaintiff) filed a second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court, after hearing counsel for both sides, found that the determination of shares required fresh consideration and that the lower courts had not properly addressed the issue. Consequently, the High Court allowed the appeal, set aside the judgments and decrees of both lower courts, and remanded the matter to the trial court for a fresh decision on the question of shares, directing the trial court to decide the suit afresh within six months. The court also directed the parties to appear before the trial court on a specified date.
Headnote
A) Hindu Law - Partition - Shares of Widow and Sons - Hindu Succession Act, 1956 - The trial court decreed partition and appointed a commissioner to effect partition, specifying shares: plaintiff 5/12, defendant No.6 and 7 (widow) 1/12 each, and defendants No.1 to 5 collectively 5/12 with equal rights. The first appellate court confirmed the decree. The High Court found that the determination of shares required fresh consideration and remanded the matter to the trial court for a fresh decision on the question of shares, setting aside the judgments of both lower courts. (Paras 1-3)
Issue of Consideration
Whether the trial court and first appellate court correctly determined the shares of the parties in the suit property under the Hindu Succession Act, 1956, and whether the second appeal raises a substantial question of law.
Final Decision
The High Court allowed the second appeal, set aside the judgments and decrees of the trial court and first appellate court, and remanded the matter to the trial court for a fresh decision on the question of shares. The trial court was directed to decide the suit afresh within six months from the date of appearance of the parties.
Law Points
- Partition
- Hindu Succession Act
- 1956
- Share of Widow
- Preliminary Decree
- Final Decree
- Remand
