Case Note & Summary
The litigation originated from a suit for partition and declaration filed by the plaintiff, D. Sujatha, against the legal representatives of the original coparceners and their successors. The dispute pertained to the joint family properties belonging to three brothers—D. Ranganatha Rao, D. Bheemasena Rao, and D. Srinivasa Rao—and their widowed sister, Smt. Lakshmidevamma. Earlier, the brothers had litigated a partition suit in O.S. No. 223 of 1972, which was dismissed, but an appeal in R.A. No. 101 of 1978 was allowed, and the second appeal R.S.A. No. 629 of 1981 was dismissed. Subsequently, Ranganatha Rao and Bheemasena Rao initiated final decree proceedings in F.D.P. No. 3 of 1991. Lakshmidevamma, who had not been made a party to the earlier partition proceedings, filed her own suit O.S. No. 28 of 1993, which was dismissed for default, and later O.S. No. 193 of 2000, which abated upon her death on 18-09-2003. During her lifetime, she had executed a registered Will dated 24-09-1998 bequeathing her undivided share in the suit properties to the plaintiff, D. Sujatha. The plaintiff, claiming as legatee, filed O.S. No. 165 of 2003 seeking a declaration that she is a co-owner, that the earlier decrees in R.A. No. 101 of 1978 and R.S.A. No. 629 of 1981 are not binding on her, and for partition of her 1/4th share and mesne profits. The defendants contested, questioning the validity of the Will and asserting that Lakshmidevamma’s earlier claims were dismissed and abated. The trial court partly decreed the suit, holding that the plaintiff is entitled to the share of Lakshmidevamma under Section 8 of the Hindu Succession Act to be worked out in the pending F.D.P. proceedings. On appeal, the Presiding Officer, Fast Track Court-III, Bangalore Rural District, by common judgment dated 28-10-2011 in R.A. Nos. 43 of 2010 and 143 of 2010, dismissed the appeal by the defendants and allowed the plaintiff’s appeal, modifying the decree. The first appellate court decreed that the plaintiff is entitled to 1/4th share of Lakshmidevamma in suit ‘B’ schedule property, dismissed the suit regarding suit ‘A’ schedule property, and confirmed the other aspects of the trial court decree. Aggrieved, the defendants filed two regular second appeals under Section 100 of the Code of Civil Procedure before the High Court of Karnataka. The High Court heard the appeals and reserved judgment on 18-03-2021, and pronounced judgment on 23-08-2021.
Issue of Consideration
Case Details
2021 LawText (KAR) (08) 28
R.S.A. No. 327 of 2012 C/W R.S.A. No. 326 of 2012
P.D. Surana, S. Subramanya, R.B. Sadasivappa, M. Chandregowda
D. Ranganatha Rao (dead by LRs: D.R. Jayasimha, D.R. Shreesha, D.R. Ramadevi, D.R. Satheesha, D.R. Lakshmi, D.R. Sukatheerta, D.R. Sarala), D.B. Narasimhamurthy, Smt. B. Padmavathamma (since deceased by her LR D.B. Jayalakshmi)
Smt. D. Sujatha, D.S. Nagaraj, Smt. Sethu, D.S. Krishnaswamy, D.S. Devaraj, D.S. Sridhar, D.S. Padmaja, D.S. Sudha, D.S. Nagarathna, D.S. Prasannalakshmi
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Nature of Litigation
Original suit for declaration, partition, and mesne profits arising out of a family property dispute
Remedy Sought
Plaintiff sought declaration that she is co-owner, decrees in R.A. No. 101/1978 and R.S.A. No. 629/1981 are not binding, and partition of 1/4th share with mesne profits
Filing Reason
Plaintiff claimed as legatee under the registered Will of Smt. Lakshmidevamma, who was not a party to earlier partition proceedings between her brothers and whose share had been denied
Previous Decisions
Trial court (O.S. No. 165/2003) partly decreed the suit on 11-02-2010; first appellate court (R.A. Nos. 43/2010 and 143/2010) by common judgment dated 28-10-2011 dismissed the defendants' appeal and allowed the plaintiff's appeal, modifying the decree
Issues
Whether earlier partition decrees are binding on the plaintiff as the legatee of Lakshmidevamma
Validity of the registered Will dated 24-09-1998 executed by Lakshmidevamma
Plaintiff's entitlement to 1/4th share of Lakshmidevamma in the suit properties
Maintainability of the suit in view of earlier dismissal and abatement of Lakshmidevamma's suits
Submissions/Arguments
Plaintiff contended that Lakshmidevamma had a 1/4th share in the joint family properties, was not made a party to the earlier partition decrees which hence are not binding, and that she is entitled to the share by virtue of the registered Will
Defendants denied the Will, contended that Lakshmidevamma's earlier suits were dismissed and abated, and that the plaintiff had no independent right
Judgment Excerpts
Plaintiff is entitled to 1/4 th share of Smt. Lakshmidevamma in suit ‘B’ schedule property.
Suit of the plaintiff is partly decreed.
The plaintiff is entitled to the share of Smt. Lakshmidevamma as per Sec.8 of Hindu Succession Act on the date of death of Smt. Lakshmidevamma and the plaintiff is entitled to approach for the share of Smt.Lakshmidevamma in the FDP proceedings which are pending.
Defendant No.1 and his brothers D. Bheemasena Rao and D. Srinivasa Rao had one widowed sister by name Lakshmidevamma. She was not made a party to the partition proceedings.
Procedural History
Initially, O.S. No. 223 of 1972 was filed for partition before Munsiff, Doddaballapur, which was dismissed. The appeal R.A. No. 101 of 1978 was allowed by the Civil Judge, Rural District, Bangalore, and the second appeal R.S.A. No. 629 of 1981 was dismissed by the High Court on 08-07-1991. Final decree proceedings F.D.P. No. 3 of 1991 were initiated. Lakshmidevamma filed O.S. No. 28 of 1993 which was dismissed for default, and later O.S. No. 193 of 2000 which was pending and abated on 09-09-2004 after her death on 18-09-2003. Plaintiff filed O.S. No. 165 of 2003 before the Civil Judge (Sr. Dn.), Doddaballapur, which was partly decreed on 11-02-2010. Cross appeals R.A. No. 43 of 2010 and R.A. No. 143 of 2010 were decided by common judgment dated 28-10-2011 by the Fast Track Court-III, Bangalore Rural District. The present Regular Second Appeals R.S.A. Nos. 326 and 327 of 2012 were filed, heard and reserved on 18-03-2021, and judgment pronounced on 23-08-2021.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100
- Hindu Succession Act, 1956: Section 8
