LAWS(APH)-1987-9-1

RAYANI APPAIAH Vs. SPL TAHSILDAR L R ADDANKL

Decided On September 25, 1987
RAYANI APPAIAH Appellant
V/S
SPL TAHSILDAR L.R.ADDANKL Respondents

JUDGEMENT

(1.) Majority view : The questions referred to the larger Bench are :

(2.) The essential consideration is whether the ratiocination in the Full Bench decision of this Court in A Seethamahalakshmamma v Y. Chalamaiah (1) AIR 1974 A P 130 holding that the wife is not entitled to a share in a partition of coparcenary property among father and eons of a Hindu family governed by Madras school of Mitakshara is a good law in view of Section 6 of the Hindu Succession Act and the decision of the Supreme Court in Gurupad v Hirabai (2) AIR 1976 S C 1239.

(3.) The Hindu law is the spin-off of Vedas, Smritis.commenteries and digests legislative enactments and judicial decisions. Several commentaries and digests were compiled as to the essence of Shastric law expounded in Vedas and Smrithis and the commentaries and digests of Mitakshara and Viramitrodava and Jimuta Vahanas are accented with solemnity and reverence by people The commentaries are the amalgam of distillation of ancient Sutras and preponderance usage and custom in the community and it is a happy blend ironing out the inconsistencies and angularities. The origin and development of schools of Hindu Law is traced by the Privy Council in Collector of Madura v Mootto Ramalinga (3) 12 M I A 397 as follows :