Case Note & Summary
The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, dismissing the suit for partition and separate possession filed by the plaintiffs/appellants. The plaintiffs, Smt. Lakshminarasamma and Smt. Siddagangamma, are daughters of late Ramaiah, who died intestate. The defendants are their brothers and a purchaser. The suit properties are agricultural lands in Belgumba village. The plaintiffs claimed that the properties are joint family properties and that they are entitled to a share as coparceners under the Hindu Succession Act. The defendants contended that there was a prior partition in 1995 between the brothers, that the plaintiffs were not entitled to any share, and that the suit was barred by limitation and adverse possession. The trial court dismissed the suit, holding that the 1995 partition was valid and binding, and that the suit was barred by limitation. On appeal, the High Court reversed the trial court's decision. The court held that the plaintiffs, being daughters, are entitled to a share in the coparcenary property as per Section 6 of the Hindu Succession Act, 1956, as amended. The court noted that the 1995 partition deed did not bind the plaintiffs as they were not parties to it. The court also rejected the defense of limitation and adverse possession, holding that the daughters' right to partition is a continuing right and that the suit was filed within the period of limitation from the date of denial. The court allowed the appeal, set aside the trial court's decree, and remanded the matter for fresh consideration on merits, directing the trial court to decide the suit afresh in accordance with law.
Headnote
A) Hindu Succession Act - Coparcenary Rights - Daughters' Equal Share - Section 6 of the Hindu Succession Act, 1956 - The plaintiffs, daughters of the deceased coparcener, sought partition of joint family properties. The trial court dismissed the suit holding that the earlier partition deed of 1995 was binding and that the suit was barred by limitation and adverse possession. The High Court reversed, holding that the daughters were not parties to the 1995 partition and that the deed did not bind them. The court held that the daughters are entitled to a share in the coparcenary property as per Section 6 of the Hindu Succession Act, 1956, and that the suit was not barred by limitation as the cause of action arose when the daughters were denied their share. (Paras 3-10) B) Limitation - Partition Suit - Adverse Possession - Article 65 of the Limitation Act, 1963 - The defendants claimed that the suit was barred by limitation and that they had acquired title by adverse possession. The High Court rejected this, holding that the daughters' right to partition is a continuing right and that the defendants' possession, even if long, cannot be adverse to the daughters' share until there is a clear denial of their right. The court found that the suit was filed within 12 years from the date of denial. (Paras 8-10) C) Cancellation of Documents - Partition Deed - Non-Party - The plaintiffs sought cancellation of the 1995 partition deed and subsequent sale deeds. The High Court held that since the plaintiffs were not parties to those documents, they were not bound by them and could seek partition without seeking cancellation. The court set aside the trial court's finding that the suit for cancellation was barred by limitation. (Paras 7-9)
Issue of Consideration
Whether the daughters are entitled to a share in the joint family property and whether the suit for partition is barred by limitation or adverse possession.
Final Decision
Appeal allowed. The judgment and decree of the trial court dated 13.12.2016 in O.S.No.10/2014 are set aside. The matter is remanded to the trial court for fresh consideration on merits, in accordance with law. The trial court is directed to decide the suit afresh, without being influenced by the observations made in this appeal.
Law Points
- Hindu Succession Act
- 1956
- Section 6
- coparcenary rights
- daughters' equal share
- partition
- limitation
- adverse possession
- cancellation of documents
