MUTHUSWAMI NADAR AND ORS.versusRAMAKRISHNAN NADAR AND ORS.

A                     MUTHUSWAMI NADAR AND ORS.
                                          v.
                     RAMAKRISHNAN NADAR AND ORS.

                               NOVEMBER 30, 1995

B             [FAIZAN UDDIN AND SUJATA V. MANOHAR, JJ.]

            Hindu Marriage Act, 1956: Section 26.
                                                                                     •
         Unmarried so1t-Death-l'rope1ty-Devolution 011 mother-Death of
C   mother-Devolution of property 011 her daughters-Sale deed executed by
    daughters-Held valid.

           A partition suit filed by the appellants on the basis of two sale deeds
    executed in their favour by R and M was contested by the respondents on
    the ground that the sale deeds were invalid. The Trial Court held that sale
D   effected by both the vendors was valid as they had inherited an interest in
    land from their mother, K. The first Appellate Court held that vendors'
    mother, who was a christian, could not have succeeded to the property of
    her son U who died as a Hindu. The High Court aflirmed the judgment of
    the First Appellate Court. Hence this appeal.
E
            Allowing the appeal, this Court

          HELD : The First Appellate Court had wrongly assumed that
    vendor's mother K had converted into christianity. It is an admitted fact            .
    that she was Hindu till she died in the year 1957. On the death of her
F   unmarried son U his share devolved on her. After her death succession to
    her property will be governed by the Hindu Succession Act, 1956 which
    came into force. That being so, her two daughters will be entitled to the .
    property left by their mother because a convert's descendants only are
    disqualified under Section 20. Therefore, sales effected by Rand M would
G   be valid. [13-F-H, 14-A]

            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1607 of
    1981.

         From the Judgment and Order dated 16.12.86 of the Madro' High
H   Court in C.A. No. 1977 of 1977.
                                    12
                 MUTIIUSWAMI NADAR v. RAMAKR!SHNAN NADAR                           13

              K. V. Mohan for the Appellants.                                            A

             V. Balachandran, K.R. Choudhary, (NP) and S. Arvind for the
        Respondents.

              The following O_rder of the Court was delivered :
                                                                                         B
               This appeal at the instance of the plaintiffs has been directed against
        the judgment dated 16th December, 1986 passed by the High Court of
        Madras in Second Appeal No. 1977 of 1977, affirming the judgment of the
        first Appellate Court dated 9.9.1977 whereby the judgment and degree
        passed by the Trial Court were reversed. The plaintiffs-appellants had           c
        instituted the suit for partition of the suit land on the basis of the three
        Sale Deeds one of which is said to have been executed by Inkupillai and
        Muthupillai - sons of Perumal in respect of their shares, in favour of the
        third appellant. The two other Sale Deeds were executed by Rosammal
        and Mariammal, in favour of the first appellant and. the second appellant        D
        respectively. The suit was resisted by the respondent on the ground that
        Rosammal and Mariammal did not inherit any interest in the land and,
· 'f'   therefore, Sale Deeds executed by them were invalid. The Trial Court on
        evaluation of the evidence took the view that the vendors of the plaintiffs
         had inherited an interest in the land in question and. therefore, the sales     E
        effected by them were valid. These findings were reversed by the first
        Appellate Court on the assumption that Kochammal - the mother of
         Rosammal and Mariammal was a Christian and, therefore, she could not
        succeed to the property of Kumaraswami, her sons, who died as a Hindu.
        But on perusal of the pleadings of the parties, we find that the learned
                                                                                         F
        First Appellate Court had wrongly assumed that Kochammal - the mother
        of Rosammal and Mariammal had converted into Christianity. On the
        contrary, we find that it is an admitted fact that she was a Hindu till she
        died in the year 1957.

              In view of the aforesaid facts and circumstances, on the death of G
        Kumaraswami on (23.7.1864) share of Kumaraswami devolved on his
        mother Kochammal, according to Mitakshara Law because, Kumaraswami
        died unmarried. After the death of Kochammal in the year 1957 succession
        to her property will be governed by the Hindu Succesion Act which came
        into force in 1854 and that being so, her two daughters will be entitled to H
    14                   SUPREME COURT REPORTS [1995) SUPP. 6 S.C.R.

A   the property left by their mother because a. convert descendants only are
    disqualified under Section 20 of the Hindu Succession Act. In these facts
    and circumstances, sales effected by Rosammal ad Mariammal would be
    valid. In the result, the appeal succeeds and is hereby allowed. The judg-
    ment and decree passed by the first Appellate Court and the High Court
    are set aside and that of the Trial Court is restored. No costs.
B
         Substitution application is allowed.

    T.N.A.                                                   Appeal allowed.