SHIVADEVIAMMA Vs. SUMANJI

JUDGEMENT

(1.) THIS reference is by a Division Bench of this Court which heard RFA 50 of 1965 arising out of a suit for partition of the properties of a Hindu family in the district of South Kanara governed by Aliyasanthana Law. The facts and circumstances leading to the reference are briefly as follows : The parties to the suit are descendants of one Cheluvamma and are related to each other as indicated by the genealogical tree given below :

(2.) THE three plaintiffs and the three defendants were the only members of the family surviving and alive at the time of the institution of the suit. On 3 -3 -1959, Rathi Devi, the deceased elder sister of defendant 1 Bhojappa Hegde executed a registered will (Ext. B2) bequeathing her interest in favour of Bhojappa Hegde. Three days later i.e. on 6 -3 -1959, Rathi Devi issued a notice by registered post (Ext. B -64) to the same defendant 1 as the eldest member of the family claiming her share in the kutumba properties. The said notice indisputably brought about a severance of status so far as Rathi Devi is concerned and it is common ground that she therefore died as a divided member of the kutumba.

(3.) IT was noticed by the Bench that the contention so put forward by Mr. Holla was directly opposed to a previous decision of another Division Bench of this Court in the case of Amba Shedthi v. Paddakke Shedthi, ((1969) 2 Mys LJ 377).