( 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

Click Here to Read the rest of this document