DAMODARAN Vs. PALU

JUDGEMENT

(1.) The substantial question of law on which notice was issued in this second appeal is whether S.14 of the Hindu Succession Act, 1956 can apply to a case where a widow has assigned her interest in the husband's property prior to the commencement of the Act.

(2.) defendants 1, 2, 6, 7 and 10 are the appellants. The suit was filed by two plaintiffs for partition and recovery of their 1/4 share in B schedule property. The Trial Court granted a preliminary decree and the appellate court confirmed the same with slight modifications.

(3.) B schedule property belonged to Kunhipennu and her sons Raman, Koman and Kuttippayi. Koman died in 1943. Admittedly, he had 1/4 share. He left his widow Ammalu and two daughters Paru and Narayani. Kunhipennu died in 1948 and Narayani died in 1957. Paru is the 1st plaintiff. Second plaintiff Leela is daughter of Narayani. Raman died leaving defendants 1 to 7 as bis heirs. Right of Kuttippayi was assigns d in favour of the 8th defendant. Ammalu, the mother of the first plaintiff and widow of Koman, died in 1962. These facts are not disputed.