SAVITHRI AMMA Vs. DEVAKI AMMA

JUDGEMENT

(1.) An unsuccessful plaintiff before the Courts below appeals to this Court. A simple and a clear case that should have been decreed, has been dismissed by the Courts below because they disregarded the' law of pleadings, the basic concepts of Hindu law, simple rules of interpretation of statutes and the law of precedents, the result of which is lack of clarity in their judgments, which should be the hall mark of a judicial decision.

(2.) At a village called Padekallu Karopady, Bantwal Taluk, Dakshina Kannada Dist. there was a joint Hindu family consisting of one Vishnu Bhatta, his wife Savitriamma and their three sons, Ganapathy Bhatta, Krishna Bhatta and Narayana Bhatta, governed by the Mithakshara School of Hindu law, owning various properties. Vishnu Bhatta died on 6-4-52 and thereafter the other members continued to be joint till 15-10-1963. On 16-10-63 there was a partition among the, surviving members of the said joint family and by a registered partition deed of that date (Ex-Dl) separate shares were allotted to Savithriamma,, Krishna Bhatta and the other two members. On 26-1-67 Krishna Bhatta died jnteste leaving behind him his mother Savithriamma, his wife and children and the properties allotted to his share at the partition (Ex-D1).

(3.) On 8-10-1969 Savitriamma institututed OS No. 199 of 1969 in the court of the Munsiff Buntwal against the wife and children of Krishna Bhatta for partition and possession of her 1/36th share in the plaint schedule properties of Krishna Bhatta, for past mesne profits of Rs. 300 from 23-1-1967 and future mesne profits. The plaintiff claimed that on the death of Krishna Bhatta she was one of his heirs that had succeeded to his estate under S. 8 of the, Hindu Succession Act of 1956 (Central Act No. 30 of 1956) (hereinafter referred to as the Act) and that she was en- titled for the share claimed by her, partition and possession and future mesne profits.