MOOKAMMAL Vs. CHITRAVADIVAMMAL

JUDGEMENT

(1.) THIS appeal is against the judgment and decree of the Principal, Subordinate Judge, Tirunelveli, who allowed an appeal and decreed a suit for partition filed by a daughter as against the purchaser of the property described as a dwelling house of the family. The defence of the purchaser was that the plaintiff as the female member of the family cannot ask for partition of the dwelling house in view of the special provision in Section 23 of the Hindu Succession Act, 1956. THIS found favour with the trial court which apparently overlooked the fact that it was the male member who was the other half sharer who sold the dwelling house to a third party. The trial court dismissed the suit. On appeal, the Principal Subordinate Judge reversed the judgment and held that the suit was maintainable and granted a preliminary decree for partition.

(2.) SECTION 23 of the Hindu Succession Act 1956 appearing in the chain of sections of the codified Hindu Law in intended to respect one of the ancient Hindu tenets which treasured the dwelling house of the family as an impartible asset as between a female member and a male member. In order to perpetuate that memorable intention of Hindu families, Parliament took that auspicious aspect also into consideration while codifying the Hindu Law. It is only in this perspective that SECTION 23 of the Hindu Succession Act 1956 has to be understood. The section runs thus