SUGALABAI Vs. GUNDAPPA A MARADI

JUDGEMENT

(1.) THESE two appeals are clubbed together and a common judgment is rendered in view of common question of law of considerable importance being raised concerning the question relating to a married daughter also being entitled to be treated as a co-parcener irrespective of the marriage taking place prior to the Karnataka Amendment Act, 1990 coming into force or afterwards, in view of the amendment affected to the Hindu Succession Act, 1956, (for short 'the Principal act') by the State of Karnataka by The Hindu Succession (Karnataka amendment) Act, 1990 (Karnataka Act No. 23/1994), with effect from 30th July 1994 and the subsequent amendment brought to the principal Act by the Central Government by the Hindu succession (Amendment) Act, 2005 (C. A. 39/2005) with effect from 9. 9. 2005.

(2.) BRIEFLY stating the facts, RSA No. 904/2001 is preferred by the plaintiff in the trial Court questioning the judgment and decree passed by the lower Appellate Court in modifying the share of the plaintiff/appellant from 1/4th to 1/8th on the ground that the appellant being one of the daughters was not entitled to claim partition as she was not a co-parcener and the said conclusion of the lower Appellate court therefore let to the judgment and decree of the trial Court being modified to the extent of the share of the appellant being reduced from 1/4th to 1/8th. Hence, this second appeal by the plaintiff.

(3.) AS far as R. S. A. No. 1026/2001 is concerned, the first defendant before the trial Court is the appellant herein and as the suit filed by the respondents-plaintiffs for declaration and separate possession came to be allowed by the trial Court and the appeal preferred by the appellant also came to be dismissed by the lower appellate Court, he is before this Court in this second appeal.