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1991 Supreme(Kar) 287

R.RAMAKRISHNA
T. K. CHANDRAIAH – Appellant
Versus
CHANDRAIAH – Respondent


Advocates:
G.S.VISHVESHVARA, O.MAHESH

R. RAMAKRISHNA, J.

( 1 ) :- This appeal is directed against the Judgment and Decree of the learned District Judge, Hassan, in R. A. No. 44 of 1978 reversing the Judgment and Decree of Addl. Munsiff, Arsikere, in O. S. No. 13 of 1972 filed for a declaration, possession and mesne profits.

( 2 ) AT the time of Admission, this Court formulated the following questions of law as arising for determination :" (I) Whether the Court below has committed an error of law in holding that Marulamma who had a limited estate got converted into an absolute estate by the operation of Sec. 14 (1) of the Hindu Succession Act. (ii) Whether the Court below has properly construed the provisions of Sec. 14 of the Act?"

( 3 ) THE brief facts of the case are as follows: the father of the Appellant Late Kotturaiah was the plaintiff before the trial Court. He has filed a Suit in O. S. No. 13 of 1972 against defendants 1 and 2, who are respondents 1 and 2 in this Appeal, for declaration of title and for possession of the Suit land in Sy. No. 246/ B situated at Talaur Village of Arsikere Taluk. The trial Court decreed the Suit. Respondents 1 and 2 preferred an Appeal in R. A. No. 44 of 1978. The learned District J














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