GOVIND SHANKAR MALME Vs. BHAGWAN GOVIND MALME

JUDGEMENT

(1.) Heard learned Counsel for the Appellants. None appears for the Respondents.

(2.) The second appeal challenges an order passed by the lower appellate court in a regular civil appeal challenging a decree of partition. Appellant No.1 herein, one Govind Shankar Malme ("Govind"), was the original defendant in the partition suit. The suit was filed by one Bhagwan Govind Malme ("Bhagwan", since deceased and represented now by his legal heirs, who are Respondents to the present second appeal). The other two Appellants, Appellant Nos. 2 and 3, who were, respectively, defendant nos. 2 and 3 to the original partition suit, are illegitimate sons of Govind. The original partition suit was decreed by the trial court. The trial court, however, determined four shares in the suit property, namely, the share of Govind (father), his son Bhagwan (plaintiff) and the shares of two illegitimate sons of Govind (defendant nos 2 and 3). 1/4th share was, accordingly, decreed in favour of the deceased Bhagwan, the other three shares belonging to Govind and his two illegitimate sons. The matter was carried in appeal by the legal heirs of the original plaintiff Bhagwan before the lower appellate court, who, by the impugned order, modified the decree of partition. The appeal court determined two shares in the suit property, namely, the shares of Govind (father) and Bhagwan (son). The appeal court held that original defendant nos. 2 and 3, who are admittedly illegitimate sons of Govind, did not have any right in the suit property during the lifetime of Govind.

(3.) Learned Counsel for the Appellants submits that suit properties are held to be ancestral joint family properties and the two illegitimate sons of Govind would also have shares in the joint family properties. Learned Counsel, relying on the case of Revanasiddappa vs. Mallikarjun(2011) 11 Supreme Court Cases 1 , submits that children of void or voidable marriages are entitled not only to the self- acquired property of their parents but even ancestral or joint family property.