P. N. SHINGHAL, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
Gurupad Khandappa Magdum – Appellant
Versus
Hirabai Khandappa Magdum – Respondent
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JUDGMENT
CHANDRACHUD, CJI.:— It will be easier, with the help of the following pedigree, to understand the point involved in this appeal:
Khandappa died on June 27, 1960 leaving him surviving his wife Hirabai, who is the plaintiff, two sons Gurupad and Shivpad,. who are defendants 1 and 2 respectively, and three daughters, defendants 3 to 5. On November 6, 1962 Hirabai filed Special Civil Suit No. 26 of 1963 in the court of the Joint Civil judge, Senior Division, Sangli for partition and separate possession of a 7/24th share in two houses, land, two shops and movables on the basis that these properties belonged to the joint family consisting of her husband, herself and their two sons. If a partition were to take place during Khandappas lifetime between himself and his two sons, the plaintiff would have got a 1/4th share in the joint family properties, the other three getting a 1/4 the share each. Khandappas 1/4th share would devolve upon his death on six sharers: the plaintiff and her five children, each having a 1/24th share therein. Adding 1/4th and 1/24th, the plaintiff claims a 7/24th share in the joint family properties. That , in short, is the plaintiffs case.
2. Defendants 2 t
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