HOMBAL CHOWDAIAH Vs. SIDDAIAH

JUDGEMENT

(1.) Leave granted.

(2.) The finding of fact, entered by the first Appellate Court, that third plaintiff is the legally married wife of the first defendant, has become final. Therefore, plaintiffs 1 and 2, who are the children of the third plaintiff have become heirs along with third plaintiff. Thus far we will not interfere. But the next question is whether, on the death of the first defendant pendente life, when the succession opened would plaintiffs have become automatically entitled to the properties of the first defendant. The answer will depend upon the next question whether first defendant had died intestate. That question would not arise in this suit because at the time when the suit was filed and the decree was passed by the trial court, first defendant was alive. We, therefore, set aside the second part of the decree of the suit by which partition was ordered in favour of the plaintiffs. We do so without prejudice to the right of the plaintiff to institute a fresh suit for partition. The decree, impugned will stand modified accordingly.

(3.) The Appeal is disposed of accordingly.