VITHAPPA KASHA HEGDE Vs. SAVITRI GANAP BHATTA

JUDGEMENT

(1.) The question in this appeal is whether the plaintiff or the second defendant was the person entitled as landlord to receive rent from the first defendant for property of which the latter was a mulgeni tenant.

(2.) The last male owner of the property had two daughters Kuppi and Savitri. Kuppi was married to Ram Hegde. The heirs of Kuppi's husband Ram Hegde are plaintiffs in this case, Savitri is the second defendant.

(3.) It is contended that on Kuppi's death Savitri acquired her interest in the property by survivorship. This contention is based upon certain Madras decisions of which the latest is Raja Chelikani Venkayyamma Gam V/s. Raja Chelikani Venka- taramanayyamma (1902) L.R. 29 I.A. 156 : 4 Bom L.R. 657 from which it appears that according to the Mitakshara as interpreted by the Madras High Court daughters inheriting from their father take jointly and do not take absolute interests in separate shares.