IRAPPA Vs. GURUSIDDAPPA AND ANOTHER

JUDGEMENT

(1.) THIS appeal pertains to the partition of family estate between the Mother and two sons. The mother joined by her younger son, filed a suit against the eldest son seeking partition and separate possession of their 2/3rd share in the suit properties.

(2.) THE Appellant who is the Defendant in the trial Court, contested the Suit that the properties, a shop premises bearing No. 129 obtained on lease from Municipality situate in Lal Bahadur Shastri Market, Bijapur Town, by the first Plaintiff and a plot bearing No. 11 situate at Mahalbagayat, Bijapur, standing in the name of the son of Plaintiff No. 1 are also joint family properties which are to be taken into account for partition. The Plaintiffs, subsequently, by an amendment, set up a plea that the plot bearing No. 52 situate in KSRTC Employees' Co -operative Housing Society Limited, Bijapur, standing in the name of the Defendant is also available for partition. The trial Court rejecting the plea of the Defendant claiming partition in Shop premises bearing No. 129 and Plot No. 11, decreed the suit and also rejected the claim of the Plaintiffs for a partition in Plot No. 52 which stands in the name of the Defendant. Being aggrieved by the judgment and decree, an Appeal is filed by the Defendant. The second Defendant died during the pendency of the Appeal and she has executed a Will bequeathing her share in favour of the son of Plaintiff No. 1 and he has been brought on record as the L.R. of the deceased second respondent.

(3.) THE uncodified personal law relating to Partition and Succession was not rather uniform to all the places in India. It is only after the passing of the Hindu Succession Act, to a very great extent, the uniformity in principles and practice has been achieved. In uncodified law, there are two major schools of thought - one is Dayabhaga School followed in Bengal Area and the other Mitakshara School followed in the rest of India.