SUBHAN RAO Vs. PARVATHI BAI

JUDGEMENT

(1.) WHETHER Smt. Sundrabai wife of Ramchandra Rao, who was given right to enjoy certain lands belonging to Shiddoji Rao (predecessor -in - interest of the appellants) in lieu of maintenance became full owner thereof in terms of Section 14(1) of the Hindu Succession Act, 1956 (for short, 'the Act') and the sale deeds executed by her were valid are the questions which arise for consideration in this appeal filed against judgment dated 26.9.2001 of the learned Single Judge of Karnataka High Court, who declined to interfere with the concurrent dismissal of the suit filed by the appellants.

(2.) THE relationship of the parties is depicted in the chart given below: - <IMG>JUDGEMENT_673_TLPRE0_2010Image1.jpg</IMG>

(3.) SUBHAN Rao (adopted son of Sadashiv Rao) (appellant No.1 herein) and Smt. Prafulla Devi wife of Sadashiv Rao who is now represented by her legal representatives, filed O.S. No. 62/1974 for declaration of title and for setting aside the sale deeds executed by Smt. Sundrabai, who was impleaded as defendant No.4 in the suit. After the death of Smt. Sundrabai, Smt. Ningawwa and Prakash Virupaksh Mahajan (respondent Nos. 4 and 5) were brought on record as her legal representatives on the basis of registered Will executed by the deceased. Appellant Nos.1 and 2 filed another suit being O.S. No. 116/1982 for grant of injunction to restrain the defendants from alienating the suit lands.