O. CHINNAPPA REDDY, J.

( 1 ) GANTA Narayanaswamy who owned the suit properties died in the year 1962 leaving behind him a son (plaintiff) and daughter (2nd defendant) by his pre-deceased first wife, his second wife (the first defendant) and a daughter (3rd defendant) by the second wife. The plaintiff was divided from his father even during the latters lifetime. The present suit relates to the properties which fell to the fathers share at the time of division. The plaintiff claims that on his fathers death he is entitled to a 1/4th share in the suit properties. He bases his claim on the provisions of Section 8 of the Hindu Succession Act. The second defendant supports the case of the plaintiff, while defendants 1 and 3 plead that Section 6 and not Section 8 applies and the plaintiff, a divided son, cannot succeed as an heir. The plaintiffs suit was decreed by the trail Court and dismissed by the appellate Court. He has preferred this second appeal.

( 2 ) THE only question for consideration is whether Section 6 or Section 8 of the Hindu Succession Act is applicable. Now, the Hindu Succession Act is not a mere amending Act but an amending and codifying Act and it has an overriding effe

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