HANUMAKKA Vs. DASE GOWDA

JUDGEMENT

(1.) This appeal by the plaintiff, arises out of her suit for partition and separate possession of a one half share in the plaint schedule properties and future mesne profits which has been dismissed by the Court below on the ground that S.8 of the Mysore Hindu Law Women's Rights Act, 1933, Mysore Act X of 1933) is a bar tp the plaintiff enforcing her right by way of a suit for partition.

(2.) 'The material facts, so far as they are relevant for the purpose of this appeal, lie in a very narrow compass. The genealogy of the family of the plaintiff and defendants 1 to 9 is given in the plaint. Dase Gowda is the common ancestor. He had two sons by name Narase Gowda and Thimme Gowda. Plaintiff Hanumakka is the widow of the said Thimme Gowda, who died in the year 1962, long after the Hindu Succession Act, 1956 (which will hereinafter be referred (to as the 'Act'), came into force. Narase Gowda had three song by name) Mudligirigowda, Dasegowda and Lakshminarasegowda. Mudlgirigowd died in 1969 leaving his wife the 6th defendant and children defendants 5, 7, 8 and 9. Dasegowda, younger brother of Mudligirigowda, is the first defendant and his sons are defendants 2 and 3. The fourth defendant is the youngest son of Narasegowda.

(3.) Plaintiff, alleging that on the death of her husband Thimmegowda in the year 1962, the one half share to which Thimmegowda would have been entitled to at a partition if the same had taken place immediately before his death, brought the suit for partition claiming a one half share in the plaint schedule properties. The plaint A schedule consists of immoveable properties, and the plaint B schedule is a list of moveables belonging to the family.