RAMACHANDRA BHAT Vs. SRIDEVIAMMA

JUDGEMENT

(1.) This appeal u/S.96 of CPC, is by defendants 2 & 3 and directed against the judgment and decree for possession of suit properties with mesne profits made in OS.8 of 1968, by the 1st Addl Civil Judge at Mangalore, South Kanara District.

(2.) The material facts giving rise to the appeal, briefly, are as follows; In order to appreciate the facts, it is necessary to set out the genealogical table showing the relationship of the plaintiff-1st respondent to the last male owner of the suit properties. <IMG>judgement_9_kantlj2_1976_333.jpg</IMG>

(3.) The parties are governed by the Hindu Mithakshara Law and the properties in suit were ancestral to Krishna II, the. father of the plaintiff. By virtue of a partition effected on 3-3-1909 (Ex.D-1), between Vasudeva II and his brother, Krishna II, the properties in respect of which the decree has been passed, fell to the share Of Krishna II. Krishna died on 25-2-1919 leaving behind him the plaintiff and a male child posthumously born on on 13-9-1919. The properties in suit became vested in the said male child as owner. The child, however, died on 13-1-1920, still as a baby, leaving behind his mother, Rukmmi, and a sister, the present plaintiff. Consequently, Rukmini succeeded to the estate of her son. as a imited owner.