JAYENDRA AWAD Vs. NIVEDITA SHARMA AND OTHERS

JUDGEMENT

(1.) The appellant/Defendant No.1 has filed this Appeal against the judgment and decree dated 05 th September, 2008 passed by the trial Court in Civil Suit No. 2-A/2006.

(2.) The Plaintiff/respondent No.1 filed a suit for declaration and permanent injunction, delivery of possession and partition. She pleaded that she and defendant Nos. 1 and 2 are real brother and sisters. The Defendant No.3 is the mother of the plaintiff. Mr.Shambhajirao Awad was died on 14/4/1978, one brother of late Shambhajirao namely Narayanrao Awad died on 05/2/1974. There was a partition between the father of the plaintiff and Narayanrao Awad during the life time of plaintiff's father. One brother of the plaintiff Chandrasen Awad also died on 06/2/1998. The plaintiff further pleaded that there is a Joint Hindu coparcenary property of the family of the plaintiff including her defendants. The plaintiff was married in 1981 and the defendant No. 2 was married in the year 1972. The plaintiff claimed partition of Joint Hindu Family Property and her share in the property. Initially, she claimed 1/4 th share of her father, however, subsequently on the basis of amendment in Hindu Succession Act, 1956, the plaintiff pleaded that she has 1/4 th share in the property in accordance with Section 6 of the Hindu Succession (Amendment) Act, 2005 and amended the plaint accordingly.

(3.) The defendant No.1, the present appellant in his written statement pleaded that after marriage, the plaintiff ceased to be a member of Joint Hindu Family Property. The defendant further pleaded that the plaintiff has no right to get the share in the property, neither the Civil Suit can be decreed on the basis of amended Section 6 of the Hindu Succession Act.