Judgment :-

S.B. Sinha J.

Leave granted.

Interpretation of the application of the provisions of Section 6 of the Hindu Succession Act, 1956[hereinafter called for the sake of brevity as `the Act] vis-à-vis Section 6 thereof is in question in this appeal. It arises out of a judgment and order dated 16.11.2007 passed by the High Court Karnataka at Bangalore in RFA No. 1403/2003 and 1404/2003 dismissing the appeals preferred by the appellants herein from a judgment and order dated 14.07.2003 in O.S. No. 305/2000 and O.S. No. 567/2001 passed by the Principal Civil Judge, Senior Division, Mysore between both the parties for a suit of partition. The two aforementioned suits for partition were filed - one by the appellants herein and the other by respondent Nos.1,2 and 4 herein. One K Doddananjundaiah indisputably is the predecessor- in-interest of the plaintiffs of both the suits. He along with his own brothers rightly formed a coparcenery. In or about 1941, a partition took place in terms whereof the suit properties were allotted to him. He married twice. The name of his first wife although does not appear from the records it is stated at Bar that her name was Puttamma. He, however, married again in the year 1960, one Yashodamma. Through his first wife three daughters were born to him -Parvathamma, Leelamma and Kamalamma. Dinesh, the original respondent No. 4 is said to have been born to K Doddananjundaiah through Yashodamma on or about 16.4.1961. K Doddananjundaiah died on 11.09.1969.

Appellants herein filed a suit for partition against Leelamma, Kamalamma and Dinesh for partition claiming 1/3rd share in the suit property. Inter alia, on the premise that some of the joint family properties were not included therein Neelamma, Kamalamma and Dinesh filed another suit for partition. Before the learned trial court, where both the suits were heard together, the appellants herein raised a contention that Yashodamma was not married to K Doddananjundaiah. A specific issue was framed. The learned trial court, however, principally relying on or on the basis of the admission made by Neelamma and Kamalamma that Dinesh was their brother and marriage had taken place between their father and Yashodamma and also some other documents including birth certificate and a settlement deed came to the conclusion that Yashodamma was validly and legally married to K Doddanandjundaiah.

Inter alia, on the premise that K Doddananjundaiah and Dinesh formed a joint coparcenery property, the learned trial judge opined that the appellants herein being the heirs and legal representatives of N. Parvathamma who had expired on 15.09.1998 inherited 1/10th share of the properties left by K Doddananjundaiah. Two appeals were preferred thereagainst by the appellants. The High Court by the reason of the impugned judgment upheld the said judgment and decree passed by the trial court.

Before us, Mr. G.V. Chandrashekhar, the learned counsel appearing on behalf of the appellants raised two contentions:-

(i) Yashodamma being not married to K Doddananjundaiah and in any event not validly married, Dinesh did not inherit any share in the properties.

(ii) In any event, in view of the fact that he was born after coming into force of the Hindu Succession Act, 1956 he was not a coparcener. Section 8 of the Hindu Succession Act shall apply and not Section 6 thereof.

Mr. Bhat, the learned counsel appearing on behalf of the respondents on the other hand contended:-

(a) a concurrent finding of fact having been arrived at that Yashodamam was validly married with K Doddananjundaiah particularly having regard to the admission made by Neelamma and Kamalamma to the detriment of their interest, no interference therewith is warranted by this Court in exercise of its jurisdiction under Article 136 of the Constitution of India. The properties at the hands of K Doddananjundaiah being a coparcenery property, Dinesh became a coparcener.

(b) on his birth his status continued to be that of a coparcener a