SRINIVAS KUMAR MOWLE Vs. CHANDRA SHEKHAR MOWLE

JUDGEMENT

(1.) This appeal arises out of a judgment in O.S.No. 287/78. The second defendant in the suit is the appellant. The plaintiff filed the suit for partition of A and B schedule properties and for allotment of 1/8th share.

(2.) The brief averments in the plaint are that Late Prabhakara Rao Moule was the original owner of the properties mentioned in the plaint schedule. He left behind him the first defendant his widow, defendants 2 to 4 his sons and defendants 5 to 7 his daughters. Prabhakar Rao Moule died on 8-2-75. According to Hindu Law, the plaintiff and defendants 1 to 7 are entitled to get 1/8th share each in the schedule properties both movable and immovable properties left by Late Prabhakar Rao Moule. The plaintiffand defendants 1 to 7 are in possession of the entire suit properties both movable and immovable. In spite of repeated requests,defendants 1 to 7 refused to effect partition of the entire estate of Late Prabhakar Rao Moule. Therefore, the suit for partition.

(3.) The first defendant filed a written statement contending that she is the second wife of Late Prabhakar Rao Moule and she is entitled to 1/3rd share in the properties belonging to the deceased Prabhakar Rao Moule. She also stated that she requires at least Rs. 300/- per month for maintenance and defendants 2 to 4 are responsible to pay the said amount. She denied that the plaintiff is entitled to 1/8th share and stated that the plaintiff is entitled to 1/12th share in the properties.