JUDGMENT

Punchhi, J.-The special and multiangular provision, Section 23 of the Hindu Succession Act, 1956, emits two legal questions of importance for determination, in this appeal by special leave, against the order of the Karnataka High Court dated 21.2.1992 in R.S.A. No. 1045 of 1991, affirming in limine the appellate order of the Civil Judge, Ramanagaram dated 22 October 1990 in R.A. No. 31 of 1985, namely :

(i) What is a dwelling-house on which the provision confers the cloak of inpartibility ? and

(ii) Where a Hindu intestate leaves surviving him or her a single male heir and one or more female heir or heirs, specified in Class I of the Schedule, is the provision attracted?

2. It would be worthwhile to reproduce hereafter the provision engaging attention as also the relevant part of the Schedule :

"23. Special Provisions Respecting Dwelling-houses-Where a Hindu intestate has left surviving him or her both male and female heirs specified in Class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female he