V GEETA BHAVANI Vs. NALLU NARASIMHA REDDY

JUDGEMENT

(1.) This appeal is filed against the docket order dated 20-12-2004 in OS SR No. 5894 of 2004 of the District Judge, Warangal. The appellant is the plaintiff in the suit. She instituted the said suit for partition of the plaint schedule property claiming 1/6th share in it and also for future mesne profits and costs. In the said suit she claimed to be the adopted daughter of the defendants/ respondents 1 and 2 and alleged that her adoption was accepted in the judgment dated 25-10-1982 in O.S. No. 573 of 1982 on the file of the Court of the District Munsif, Suryapet. She further alleged that her marriage took place on 9-5-1990 and she is a coparcener of Joint Hindu family consisting of herself and the defendants 1 to 6 by virtue of Section 29(A) of the Hindu Succession Act, 1956 (AP Amendment Act 13 of 1986). She contended that she is in joint possession of the plaint schedule property which belongs to the joint family and that she is entitled to the 1/6th share in the plaint schedule property.

(2.) The trial Court did not number the suit and at SR stage returned the plaint by order dated 20-12-2004 in OS SR No. 5894 of 2004. The said order is challenged in this appeal.

(3.) The trial Court held that only a daughter by birth would become a coparcener in view of the language contained in Section 29(A) of the Hindu Succession Act, 1956 and as the appellant/plaintiff is claiming to be an adopted daughter, she cannot become a coparcener. It also held that section 12 of the Hindu Adoption and Maintenance Act, 1956 cannot help the appellant/plaintiff.