( 1 ) THIS is a plaintiff's second appeal against the decree passed by the civil Judge, Chickmagalur, in RA. . 67 of 1970, reversing the decree passed by the Munsiff; Tarikere, in OS. 328 of 1967.

( 2 ) THE plaintiff instituted the suit for partition and possession of half-a-share in the suit properties. The admitted facts of the case are that one kollurappa was the propositus who died in or about 1936 leaving behind his widow Kariyawa, his son Mallappa and his daughter Nanjamma (the plaintiff ). The defendant Chandrappa was on the date of the death of kollurappa, in the womb of Kariyawa and was born only a couple of months after his father's death Mallappa died unmarried. By the time mallappa died, Nanjamma, the plaintiff, had got married. She has claimed a share in the joint family properties under clause (d) of sub-sec. (1) of s. 8 of the Hindu Women's Right to Property Act, 1933 (hereinafter referred to as the 'act'), which came into force on 1-1-1934. The suit was resisted by the defendant who, inter alia, took the stand that as the plaintiff is the married sister of his, she having got married long before the death of her brother, Mallappa, is not entitled to claim any share in the suit properties. The Court of first instance accepted the plaintiff's case and made a decree for partition and separate possession, as prayed for by her. On appeal, the learned Civil Judge reversed the said decree and dismissed the plaintiff's suit. Hence this second appeal by the plaintiff.

( 3 ) SRI N. C. Biligiri Rangaiah, learned Counsel appearing for the appellant, contended that the plaintiff became entitled to half-a-share in the suit properties immediately on the death of her father, Kollurappa, as Mallappa got the suit properties by survivorship, he being the sole coparcener in the family. His submission is that the defendant being a posthumous child, he must be regarded as having been born only after the right to a share in the suit properties accrued to the plaintiff under Cl. (d) of sub-sec. (1) of Section 8 of the Act.

( 4 ) SUB-SEC. (1) of S. 8 of the Act confers right on certain females to a share in the coparcenary property, when there is a partition in the family or when the family property passes on to a single coparcener by survivorship. Clause (a) of sub-sec. (1) of Sec. 8 provides that the mother, the unmarried daughters and the widows and unmarried daughters of his predeceased undivided sons and brothers who have left no male issues shall be entitled to a share when the partition of the joint family property takes place between the said person and his son or sons. Clause (b) of sub-section (1) of S. 8 provides that the mother, unmarried sisters, the widow and unmarried daughters of the predeceased undivided brothers who have left no male issues shall be entitled to a share at a partition of the joint family property among the brothers Clause (c) of sub-sec. (1) of Sec. 8 provides that clauses (a) and (b) shall also apply mutatis mutandis to a partition among other coparceners in a joint family. The provisions of clauses (a), (b) and (c) of sub-sec. (1) of S. 8 of the Act, it is not disputed, are not attracted to thq facts of the present case Clause (d), on which the appellant-plaintiff has based her claim, reads as follows : " (d) Where joint family property passes to, a single coparcener by survivorship, it shall so pass subject to the right to shares of the classes of females enumerated in the above sub-sections. "

( 5 ) THE actual share, to which a female is entitled to under sub-sec. (1), is regulated by the provisions of sub-sec. (2) of S. 8 of the Act. The occassion that gives right to a female enumerated in clauses (a) to (c) of sub-sec. (1) of S. 8 to a share in the joint family property under clause (d) of that sub-section is, when the family property passes on to a single coparcener by survivorship. The argument constructed by Sri Biligiri Rangaiah is that such an event toqk place when the plaintiffs father Kollu

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