LAWS(KAR)-2011-3-52

ARASAPPA SETTY Vs. PUTTAMADAMMA

Decided On March 30, 2011
ARASAPPA SETTY Appellant
V/S
PUTTAMADAMMA Respondents

JUDGEMENT

(1.) The second appeal is by Defendants challenging the judgment and decree passed in RA 112/2004 on 16.12.2004 by the Fast Track Judge IV, Mandya.

(2.) The following substantial question of law has been raised by this Court on 29.8.2006 - Whether the courts below were justified in holding that the Plaintiff would become absolute owner of the suit schedule property pursuant to Section 14 of the Hindu Succession Act?

(3.) As per the genealogy, the husband of the Plaintiff is born to the first wife and Defendants 1 and 2 are born to the 2 nd wife of Thimmaiahsetty. In the partition/arrangement there was a device, however, the Plaintiffs husband had retained the right of maintenance in the suit schedule properties 2 and 3. However, so far as item 1 - house property is concerned, it is not in dispute. There the Plaintiff is residing and enjoying the property.