RAMANATHA BHANDARY Vs. CHANDRAHASA BHANDARY

JUDGEMENT

(1.) Are the provisions contained in Section 36 of the Madras Aliyasantana Act, 1949 inconsistent with any of the provisions of the Hindu succession Act, 1956?

(2.) O.S.No.117/2010 of Principal Munsiff's Court, Kasaragod was filed as a simple suit for mandatory injunction directing the defendants, their men and agents and all other persons claiming under them to discontinue the management and to surrender and restore actual possession of A schedule properties to the plaintiffs and also for submitting true and correct accounts for the income and expenses in respect of the plaint A schedule properties. A relief for directing the defendants to pay future income of the properties was also sought for.

(3.) Plaint A schedule properties are the B share in the final decree for partition in R.I.A. No.87/1957 of the Subordinate Judge's Court, Kasaragod which was originally R.I.A. No.1530/1952 in O.S.No.228/49 of the Subordinate Judge's Court, Mangalore. According to the plaintiffs, plaint A schedule properties were allotted to the exclusive and absolute share of the Nissanthathi Kavaru of late Aithappa Bhandary, as per the Madras Aliyasantana Act, 1949 (hereinafter referred to as 'the Aliyasantana Act']. Aithappa Bhandary was the first defendant in the suit and the first respondent in the final decree. He died on 23.08.1963. He was in absolute possession and enjoyment of plaint A schedule properties till his death.