YALLAMMA AND ORS. Vs. V. RAMAIAH AND ORS.

JUDGEMENT

(1.) THE plaintiff has preferred this Regular First Appeal challenging the judgment and decree of the Trial Court dismissing the suit for partition and separate possession on the ground that the plaintiff being a daughter born prior to 1956, is not entitled to any share in the coparcenary property as amendment Act of 2005 to the Hindu Succession Act is not attracted.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the Trial Court.

(3.) THE defendants were duly served, but they did not enter appearance. However, the defendants 3 and 4 the two daughters, filed an application for transposing them as plaintiffs 2 and 3. The Trial Court, on appreciation of the oral and documentary evidence on record held that the plaintiffs being daughters, who are all born prior to 1956 are not entitled to any share in the ancestral property of the father. Therefore, it dismissed the suit of the plaintiffs. Aggrieved by the said Judgment and Decree, the plaintiffs are in appeal.