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SUPREME COURT OF INDIA
ANIL R. DAVE, L. NAGESWARA RAO, JJ.
Saheb Reddy – Appellant
VERSUS
Sharanappa and Ors. – Respondents
CIVIL APPEAL NO. 901 OF 2014
Decided On : 16-11-2016
(b) Hindu Succession Act, 1956 – Section 15 – Last holder of property dying leaving behind his widow and three daughters – All four would inherit the property in equal share of ¼ each – On death of the widow dying intestate her share would again be shared by all family members – Appellate court rightly holding that plaintiff was entitled to 5/64th share in the suit property. (Para 10, 15)
Facts of the case:
The plaintiff-Respondent No.1 herein, son of Smt. Nagamma and grandson of late Shri Sharnappa Gaded, filed Civil Suit for partition and separate possession of his share by metes and bounds and with a prayer to put him in possession of the suit property and for a declaration that registered adoption deed dated 9.2.1971 is null and void and for other consequential reliefs.
The case of the plaintiff was that Shri Sharnappa Gaded was the last holder of the suit properties, who died intestate in 1957 and had left behind him his wife Smt. Sharnappa and three daughters namely Smt. Kyadigamma (defendant No. 4), Smt. Nagamma (defendant No. 5) and Smt. Sarojamma (defendant No. 6).
On the demise of Shri Sharnappa Gaded in the year 1957, suit properties had devolved upon his wife Smt. Sharnappa and the aforestated three daughters in equal shares and the female heirs became absolute owners of their respective shares. No partition was effected among the four sharers and in the course of time, three daughters died during the life of their mother Smt. Sharnappa, leaving behind their respective undivided share in the suit properties, which devolved upon their respective heirs.
Upon death of Smt. Nagamma, her undivided share devolved upon the plaintiff along with his three sisters, being defendant nos.4, 5 and 6. Likewise, it was contended that undivided 1/4th share of Smt. Kyadigamma in suit properties devolved upon her only daughter named Smt. Channama defendant no. 2, who is the wife of the present appellant and undivided share of 1/4th of Smt. Sarojamma devolved upon defendant no. 3 and defendant nos. 7 to 9.
The trial Court decreed the suit and ordered that the plaintiff was entitled to 1/16th share in the suit property as the property of late Shri Sharnappa Gaded had been divided into four parts. One part was inherited by his widow – Smt. Sharnappa and three parts had been inherited by his three daughters, named hereinabove. Smt. Nagamma, being one of the daughters had received 1/4th share and the plaintiff being one of the four children of late Smt. Nagamma, had received 1/4th share of Smt. Nagamma and thus the plaintiff was entitled to 1/16th share in the suit property.
Defendant no.1 preferred First Appeal. The plaintiff also preferred an appeal contending that in addition to 1/16th share, he was also entitled to a further share in 1/4th share of his deceased grandmother, Smt. Sharnappa.
The first appellate Court dismissed the appeal filed by defendant no.1 and partly allowed the appeal filed by the plaintiff.
Defendant no.1 filed Regular Second Appeal before the High Court. The High Court accepted the said second appeal by setting aside the judgment of the first appellate Court and restored the judgment and decree of the trial Court.
Finding of the Court:
High Court had committed an error by setting aside the judgment and decree of the first appellate Court.
Result: Appeal allowed.
JUDGMENT
ANIL R. DAVE, J.
1. The appellant -original defendant no.1 is aggrieved by the judgment dated 15th December, 2011 of the High Court of Karnataka, Circuit Bench at Gulbarga, rendered in Regular Second Appeal No. 7310 of 2009, whereby the High Court has allowed the appeal of the appellant herein by setting aside the judgment and decree of the first appellate Court dated 31st August, 2009 and restored the judgment and decree dated 9th February, 2007 rendered by the trial Court.
2. For the purpose of convenience, the parties to the litigation have been referred to as they were before the trial Court. As the matter pertains to partition of the family property, the following chart would give a better idea of the relationships among the parties:
| Bheemanna Gaded | | |||
| Smt. Sharnappa ---------------- Shri Sharnappa | | |||
| | Saheb. Reddy {Adopted Son(D-1)} | | Smt. Kyadigamma | | | Smt. Nagamma | | Smt. Sarojamma |
| Channamma (D-2) | | | | | | ||
| | Sharnappa (Plaintiff) | | Neelamma (D-4) | | Vijaylaxmi (D-5) | | Malamma (D-6) |
| | D-3 | | D-7 | | D-8 | | D-9 |
3. The brief facts, which are necessary for proper appreciation of the dispute among the parties, in a nutshell, are as follows:-
The plaintiff-Respondent No.1 herein, son of Smt. Nagamma and grandson of late Shri Sharnappa Gaded, filed Civil Suit OS No. 22 of 2005 in the Court of Civil Judge (Senior Division), Yadgir for partition and separate possession of his share by metes and bounds and with a prayer to put him in possession of the suit property and for a declaration that registered adoption deed dated 9.2.1971 is null and void and for other consequential reliefs.
4. The case of the plaintiff was that Shri Sharnappa Gaded, son of Late Bheemanna Gaded, was the last holder of the suit properties, who died intestate in 1957 and had left behind him his wife Smt. Sharnappa and three daughters namely Smt. Kyadigamma (defendant No. 4), Smt. Nagamma (defendant No. 5) and Smt. Sarojamma (defendant No. 6).
5. On the demise of Shri Sharnappa Gaded in the year 1957, suit properties had devolved upon his wife Smt. Sharnappa and the aforestated three daughters in equal shares and the female heirs became absolute owners of their respective shares. No partition was effected among the four sharers and in the course of time, three daughters died during the life of their mother Smt. Sharnappa, leaving behind their respective undivided share in the suit properties, which devolved upon their respective heirs.
6. Upon death of Smt. Nagamma, her undivided share devolved upon the plaintiff along with his three sisters, being defendant nos.4, 5 and 6. Likewise, it was contended that undivided 1/4th share of Smt. Kyadigamma in suit properties devolved upon her only daughter named Smt. Channamadefendant no. 2, who is the wife of the present appellant and undivided share of 1/4th of Smt. Sarojamma devolved upon defendant no. 3 and defendant nos. 7 to 9. The plaintiff had further pleaded that he was a member of the undivided family and after death of his grandmother Smt. Sharnappa, difference arose among the family members and therefore, he demanded his legitimate share on 9.12.2004 from the defendants but defendant No.1 refused to give any share to him. It was further contended that defendant No.1, the present Appellant, claimed to have been adopted by late Smt. Sharnappa, but, in fact, there was no execution of any adoption deed and requisite ceremony for adoption of defendant no.1 had also not been performed and therefore, defendant no.1 had no right in the property. It was further submitted that defendant no.1 married defendant no.2, daughter of Smt. Sharnappa and therefore, defendant no.1, the present Appellant, was trying to usurp the entire suit property by denying the share of the plaintiff.
7. On the other hand, it had been submitted on behalf of defe
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