P A MACHIAH Vs. M B PONNAVVA

JUDGEMENT

(1.) THIS appeal, by the first defendant in O. S. No. 260 of 1964, on the file of the Court of the Munsiff at Viraipet, is directed against a concurring judgment made by the learned Civil Judge at Coorg, Mercara, in Regular Appeal No. 58 of 1966.

(2.) THE material facts, briefly stated, are as follows: - - The suit is one for declaration that the plaintiff is the owner of the suit schedule properties and thus entitled to the possession thereof with mesne profits. The Pedigree of the parties is as follows:

(3.) IN this appeal, Sri P. P. Boppanna, the learned Advocate, urged the following contentions; (1) that the suit was essentially one for partition and separate possession of the properties, and therefore, not maintainable under Section 145 (xv) of the Regulation; (2) that the provisions of the Act were inapplicable to the facts of the present case, inasmuch as, Ummawa, the mother of the first respondent herein, could not have succeeded to the estate by virtue of the provisions of Section 3 (1) of the Act of 1937, as the said provisions were inapplicable to agricultural lands for one thing and to the joint family properties of a Hindu for another.