JANAKI Vs. PANIRAJA HEBBAR

JUDGEMENT

(1.) Challenging judgment and decree dtd. 2/11/2022 passed by Senior Civil Judge, Kundapura, in R.A.no.7/2017 and judgment and decree dtd. 8/11/2016 by Principal Civil Judge and JMFC, Kundapur, in O.S.no.84/2009, this second appeal is filed.

(2.) Sri Shivarama Bhat O., learned counsel for appellants submitted that appeal was by plaintiffs in O.S.no.84/2009 filed for partition and separate possession of suit 'A' Schedule Properties. In plaint, it was stated that plaintiffs and defendants no.1 to 7 were governed by Hindu Mithakshara Law of inheritance and that 'A' Schedule Properties were ancestral joint family properties belonging to Narayana Hebbar - Propositus. It was stated that Narayana Hebbar through his wife - Seethamma had 4 sons and 3 daughters. In October 1986, Narayana Hebbar died. On his death, 'A' Schedule Properties held by Narayana Hebbar were required to be divided into 8 shares i.e., his wife and 4 sons and 3 daughters. It was stated that though they had demanded partition, defendants' brothers kept on postponing same. Ultimately, plaintiffs came to know that by a registered partition deed on 4/11/1986, properties were partitioned between Seethamma and his sons only leaving plaintiffs - daughters. Immediately on realising same, suit was filed.

(3.) On appearance, written statement was filed admitting Narayana Hebbar as Propositus and properties held by him being ancestral joint family properties. It was however stated that partition had already taken place on 4/11/1986 under a registered deed of partition and same was prior to amendment to Sec. 6 of Hindu Succession Act, 1956 by Amended Act, 2005 and cut-off date mentioned in proviso to Sec. 6 i.e. 20/12/2004 and therefore, plaintiffs did not have any right. Thereafter, plaintiffs filed rejoinder.