SUNDARATHAMMAL Vs. RATHINATHAMMAL

JUDGEMENT

(1.) THE unsuccessful defendants/respondents in A.S.No.88 of 1986 on the file of District Judge, West Thanjavur atThanjavur has filed this second appeal challenging the judgment and decree of the said court. THE plaintiffs have filed a cross-objection. C.M.P.No. 15886 of 1992: THE petitioner has filed this petition to implead her as 3rd appellant in the Second Appeal No.403 of 1988.

(2.) THE respondents herein as plaintiffs have filed O.S.No.75 of 1981 on the file of Subordinate Judge, Thanjavur for partition and for separate possession of their half share in the suit properties. Learned Subordinate Judge dismissed the suit and aggrieved by the judgment and decree passed by learned Subordinate Judge, the plaintiffs have filed A.S.No. 88 of 1986 in the Court of District Judge, Thanjavur. Learned District Judge set aside the judgment and decree passed by the trial court and decreed the suit as prayed for with costs. THE unsuccessful defendants have filed second appeal.

(3.) THIS Court in Shanmugha Sundarathammal v. Narayana Konar A.I.R. 1973 Mad. 335 has held: ?Succession opens to the reversioners only on the death of the life estate holder and not on the death of the last male holder. Therefore when a Hindu male dies intestate prior to the Hindu Succession Act but is succeeded by a female heir who dies after coming into force of the Act the succession will be governed by the Act and the one most nearly related to the last male holder at the time of the death of female heir will be entitled to the properties?.