The questions of law involved in this Second Appeal are the following:

1) whether a suit for partition at the instance of a daughter of the deceased could be defeated by invoking Section 23 of the Hindu Succession Act by the legal representatives of a deceased son of the intestate?

2) Whether Section 23 would be applicable in a case where the deceased intestate had left behind him only one male issue and whether it is necessary that there must be more than one male issues to invoke Section 23?

3) Whether the protection in favour of the male heir under Section 23 of the Hindu Succession Act would be available if he inducts a third party in the dwelling house or any portion thereof?

4) Whether omission of Section 23 of the Hindu Succession Act by the Hindu Succession Amendment Act, 2005 would have any impact on a suit for partition or appeal therefrom pending on the date of the commencement of the Hindu Succession Amendment Act, 2005?

2. The property sought to be partitioned is having only an extent of three cents and it is a kudikidappu. It was owned by Ramayi who died on 12.9.1976. Ramayi left behind her four daughters including the plaintiff and a son, the defendant. After