SUBBALAKSHMI AMMAL Vs. RAMALAKSHMI AMMAL

JUDGEMENT

(1.) THIS revision petition raises a question of construction of Section 14 of the Hindu succession Act, 1956.

(2.) THE properties involved in the suit originally belonged to one Subba Rao, who died in 1948, leaving behind him his widow Meenakshi, one son and six daughters. The son died in 1950 leaving behind him his widow, Subbalakshmi. Misunderstandings arose between the mother-in-law and the daughter-in-law, and meenakshi filed the suit, O. S. No. 8 of 1961 for partition and separate possession of her half share in the suit properties under section 14 of the Hindu Succession act of 1956 and Hindu Women's Rights to Property Act, 1937.

(3.) EVEN before the passing of a preliminary decree Meenakshi died in May 1962 and her daughters filed an application to get themselves impleaded as the legal representatives of their mother. The daughter-in-law who was the defendant in the suit raised objection that the right which the mother, Meenakshi had was a purely personal right, that the same lapsed on her death, and that the daughters of Meenakshi had no right to continue the suit for partition. The learned subordinate Judge overruled this objection of the defendant and impleaded the daughters as the legal representatives of Meenakshi. The revision petition is against this order.