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KARNATAKA HIGH COURT
MR. JUSTICE ANANT RAMANATH HEGDE, J
SRI V.A. GOPALAKRISHNA SINCE DECEASED BY LRS – Appellant
Versus
SRI RUDRAIAH S/O LATE ERAIAH – Respondent
| Table of Content |
|---|
| 1. context of joint ancestral property and partition claims. (Para 1 , 3 , 4) |
| 2. joint family property ownership and claims. (Para 5) |
| 3. defendants' arguments regarding prior partition and religious conversion. (Para 6 , 7) |
| 4. court's examination of evidence and claims regarding property. (Para 8 , 9) |
| 5. findings on the applicability of section 26 of hindu succession act. (Para 11 , 12 , 13) |
| 6. final decision of the appeal. (Para 14) |
ORAL JUDGMENT
2. Certain admitted facts are as under:
2.2 First defendant disputed the claim of the plaintiffs.
3. The defendants contend that the suit property is self acquired property of defendants as it is allotted to their share. In addition urged that the plaintiffs are not entitled to the share as they have converted to Christianity.
5. First Appellate Court also framed points for consideration in the appeal filed by the defendant No.1 and while answering the points for consideration relating to the nature of the property it has come to the conclusion that the suit property is the ancestral property. First Appellate Court also referred to the contention of the defendants that the plaintiffs are not entitled to share because of conversion
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