GURUPAD KHANDAPPA MAGDUM Vs. HIRABAI KHANDAPPA MAGDUM

JUDGEMENT

(1.) IT will be easier, with the help of the following pedigree, to understand the point involved in this appeal: <IMG>JUDGEMENT_383_3_1978Image1.jpg</IMG>

(2.) DEFENDANTS 2 to 5 admitted the plaintiff's claim, the suit having been contested by defendant 1, Gurupad, only. He contended that the suit properties did not belong to the joint family, that they were Khandappa's self-acquisitions and that, on the date of Khandappa's death in 1960 there was no joint family in existence. he alleged that Khandappa had effected a partition of the suit properties between himself and his two sons in December 1952 and December 1954 and that, by a family arrangement dated 31/03/1955 he had given directions for disposal of the share which was reserved by him for himself in the earlier partitions. There was, therefore, no question of a fresh partition. That, in short, is the case of defendant 1.

(3.) SINCE the view of the High Court that the suit properties belonged to the joint family and that there was no prior partition is well-founded and is not seriously disputed, the decision of this appeal rests on the interpretation of Explanation 1 to S. 6 of the Hindu Succession Act (30 of 1956). That section reads thus: