YESHWANT MARUTI LONKAR Vs. ANJANABAI DINKAR DHAMDHERE

JUDGEMENT

(1.) Heard Mr. A.V. Anturkar, learned counsel for the appellants, Mr. V.S.Kapse, learned counsel for respondent nos.1(g),1(h) and 1(i), Mr. A.Y.Sakhare, learned Senior Counsel for respondent no.2 in both the Appeals at length.

(2.) The short question that falls for determination in these Appeals is as to whether in the facts and circumstances of the Tapadia RR present case, it is sub-section(1) or sub-section(2) of Section 14 of the Hindu Succession Act, 1956 (for short, 'Act') applies. In that context, it is appropriate to quote the observations made by Honourable Mr. Justice P.N.Bhagwati (as the learned Chief Justice of India then was) in paragraph 67 of V. Tulasamma Vs. Sesha Reddy, 1 :-

(3.) Second Appeal No.61 of 2002 is preferred by the original defendants challenging the Judgment and decree dated 31.7.1997 passed by the learned 11th Jt. Civil Judge, Jr.Dn, Pune in Regular Civil Suit No.943 of 1987 as also the Judgment and decree dated 4.9.2001 passed by the learned 6th Addl. District Judge, Pune in Civil Appeal No.911 of 1997. Regular Civil Suit No.943 of 1987 was instituted on 2.5.1987 for rendition of accounts of yearly income by the appellant-Yeshwant Lonkar (Original Defendant), since deceased from the year 1946 derived from 3/5th share out of lands bearing Survey No.31/2/8, admeasuring 1 H. 96 R and Survey No.26/8-C+9+10 admeasuring 3 H. .08 R, situate at Mundhawa, Tq.Haveli, District-Pune (for short, 'suit lands'). The Courts below decreed the suit instituted by the respondents.