Under Section 15(2)(a) of the Hindu Succession Act, 1956, the property of a female Hindu dying intestate will devolve upon the heirs of the father as if the father had died intestate immediately after the death of the female Hindu.

S. OBUL REDDI, CJ.

( 1 ) 1. The legal representatives of the plaintiff are the appellants in this Letters patent Appeal. The learned Single Judge, chinnappa Reddy J. , allowed the second appeal preferred by defendants 3 to 7 against the judgment and decree of the additional District judge, Srlkakulam confirming the judgment and decree of the Principal District Munsif, Sompeta, in O. S. No 283 of 1964 and granted leave. That is how this Letters Patent appeal is before us.

( 2 ) THE sole point that arises for consideration in this Letters Patent appeal is whether, under section 15 (2) (a) of the HINDU SUCCESSION ACT, 1956, the father is excluded and the father s heirs are made the heirs when a female Hindu dies leaving property Inherited by her from her father or mother, in the absence of any son or daughter of the deceased. Our learned brother, Chinnappa Reddy, J. , construed the words upon the heirs of the father in clause (a) of sub-section (2) of section 15 as meaning upon the father and in default, of the father, upon the heirs of the father. it is this construction placed upon clause (a) of sub-section (2) of section 15 by the learned judge that is assailed by mr. Kodandaramalah, the learned Counsel for the appellants.

( 3 ) THE facts necessary for appreciating the question involved may be set out. The 3rd defendant purchased the suit property from defendants I and 2 under a sale deed dated 10-9-1957. The plaintiff who died subsequent to the filing of the second appeal, laid claim to the property on the ground that the property was inherited by her from her mother and sued for cancellation of the sale deed executed by the defendants i and 2 in favour cf the 3rd defendant and for possession of the suit property.

( 4 ) THE 3rd defendant s case is that the property orglnally belonged to defendants 1 and 2, that the 1st defendant sold the property to Janakamma, the mother of the plaintiff, on 29-4-1946 and that Janakamma, before her death, along with her husband (1st defendant) and his brother, the 2nd defendant, mortgaged the suit property. The mortgagee filed a suit to enforce the mortgage. According to the 3rd defendant when the property was about to be brought to sale, he paid of the amount of the mortgage and satisfied the decree. It is also the case of the 3rd defendant that the original sale in favour of defendant 1 and 2 was sham and nominal. The lower Courts negatived the case of the 3rd defendant and decreed the suit and that decree was reversed by the learned single judge.

( 5 ) SECTION 15 deals with succession to property of a female Hindu dying intestate. Admittedly, Janakamma died intestate in 1950 Section 15 is in these terms. "15 (1) The property of a female hindujdying intestate shall devolve according to the rules set out in section 16 (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband ; (b) secondly, upon the heirs of the husband ; (c) thirdly, upou the mother and father ; (d) fourthly, upon the heirs of the father : and (e) lastly, upon the heirs of the mother. (2) Notwithstanding anything contained in sub-section (1) (a) Any property inherited by a female Hindu from her father or mother shall devolve in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father ; and (b) any property Inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-decessed son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein but upon the heirs of the husband"

( 6 ) THE section lays down that the property of a Hindu female dying Intestate shall devolve in accordance with the rules set out in section 16. The order of successio

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