SHANKARAMMA Vs. MADAPPA

JUDGEMENT

(1.) This second appeal has been brought before us for decision upon a reference made by Venkataramiah, J under S.6 o,f the High Court Act, 1961. It appears that the learned Judge has felt some doubt on the correctness of the view taken by this Court in Melagiriyappa vs. Lalithamma, 1960 MysLJ. 394.

(2.) Briefly stated, the facts are these: The suit out of which the appeal arises, was instituted by the appellants challenging the alienations of their family properties made by defendant 1 in favour of defendants 2 and 3. The first plaintiff is the mother of the second plaintiff. In 1943, the husband of the first plaintiff died. Defendant-1 was his father. Upon the death of his son defendant-1 became the sole surviving coparcener and their joint family properties passed on to him subject to the plaintiffs' right to a share as provided under S.8(1) (d) of the Hindu Law Women's Rights Act (Mys Act No.10 of 1933). The plaintiffs, however did not ask for separation of their share. They remained as members of the joint family of which defendant-1 continued as a kartha.

(3.) On 9th May, 1956, defendant 1 sold items 1 and 2 of the plaint schedule in favour of defendant 2. On 20th Decr 1958, he sold items 3 to 6 in favour of defendant-3, under Exhibit D5 for Rs. 10,000. Out of this amount, some antecedent debts incurred by defendant-1 were discharged. In all those properties, the plaintiffs were undisputedly entitled to 3/8 share and defendant-1 was entitled to 5/8. Challenging the validity of the said alienations, the plaintiffs brought the suit for partition and possession of their 3/8 share in the family properties.