9911796707
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Issues involved:
The judgment deals with a partition suit involving ancestral properties and the application of Section 14(1) of the Hindu Succession Act. Partition Suit: - The suit was filed for partition claiming 1/3rd share in the properties, separate possession, and other reliefs. - Plaintiffs were the wife and minor daughter of the deceased, representing each other. - Defendants included family members and tenants of the properties. - Allegations were made regarding properties being ancestral and purchased with joint family income. Trial Court Decree: - The Trial Court decreed the suit partially, granting the plaintiffs a 1/6th share in the properties and separate possession. - Mesne profits were also ordered to be determined under the Civil Procedure Code. High Court Appeal: - The High Court found that properties were joint family assets based on evidence of the deceased husband's substantial income. - Appellant challenged the High Court's finding, arguing lack of evidence on the husband's income. - Section 14(1) of the Hindu Succession Act was invoked to establish the appellant's full ownership of the properties. Legal Precedents: - Court cited precedents emphasizing the full ownership rights conferred on Hindu females by Section 14(1) of the Act. - The interpretation of "acquired" in the Act was discussed in previous judgments. - The Court affirmed that the appellant was the full owner of the properties in question under Section 14(1). Judgment: - The High Court's order was set aside, and the Trial Court's decision was upheld. - The appellant was declared the full owner of the properties, and the appeal was allowed accordingly with no costs imposed.
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