K R RAMASWAMI RAO Vs. PREMABAI

JUDGEMENT

(1.) The nature of a bequest made by a father to his son, with reference to the claim of his grandsons raises a neat question of law in this appeal.

(2.) The issue arises in this form :- One Shankar Rao, the deceased husband of plaintiff, defendants-2 to 5 and one Narayana Rao, who has not been heard of, for many years are the sons the first defendant. A few years after her marriage, her husband Shankar Rao died issueless. Differences having arisen between the plaintiff and defendants-1 to 5, plaintiff filed O.S. No. 20/1973 on the file of the Principal Civil Judge, Mysore, for partition of her 1/6th share in Schedules-A, B and C properties alleging that schedule properties were all joint family properties, that some were ancestral and the others were acquired out of the income of joint family from trade and money-lending. Subsequently, additional defendants-1 to 6 were impleaded as it was found that they were in possession of certain properties either as alienees or as mortgagees. First defendant's wife was impleaded as additional defendant No. 7 as she would also be entitled to a share at the time of partition of joint family properties as amongst the coparceners. As a consequence, the plaintiff's share in the joint family properties stood am ended to 1/12th share and she also claimed past and mesne profits.

(3.) All the defendants disputed the existence of ancestral nucleus and asserted that the schedule properties were all the self acquisition of the first defendant; that neither the joint family possessed any ancestral property nor was there any nucleus. The extent of movables set out in Schedule-C was also disputed. These defendants contended that the plaintiff had secreted jewels worth Rs. 4,000/- and that should also be taken into account at the time of passing of the final decree.