TMI Blog1965 (11) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the 3rd respondent-Siddamma were, at the relevant time, widows of Eran Gowda who also, had a third wife--Sharnamma. By the said Sharnamma, Eran, Gowda had a son called Basanna who died in the year 1347 F. (corresponding to 1936-37 A.D.) at a time when he was the sole male holder of the property in dispute. After his death his step mothers Eramma and Siddamma got into possession of the properties. Respondents 1 and 2 thereafter filed a suit in the Sadar Adalat, Gulbarga claiming that they, as the nearest heirs of Basanna, were entitled to all the properties left by him and seeking, to recover possession thereof from his step-mothers--Eramma and Siddamma. The suit was contested by Eramma on the ground' that she had adopted Sogan Gouda, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the order of the District Judge, dismissing the execution case. The appeal was allowed by the High Court on the ground that Hindu Succession Act, 1956 was not applicable to the case and Eramma did not acquire full ownership under s. 14(1) of that Act. The High Court accordingly set aside the order of the District Judge dated February 14, 1957 dismissing the execution case and restored the execution case to the file of the District Judge for being dealt with in accordance with law. On behalf of the appellant Mr. Sinha contended, in the first place, that under S. 8 of the Hindu Succession Act the appellant being the step mother is entitled to inherit the properties of Baswan Gouda in preference to respondents I and 2. Mr. Sinha concede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act: Provided that if the deceased had left him surviving a female relative specified in class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession as the case may be, under this Act and not by survivorship. It is clear from the express language of the section that it applies only to coparcenary property of the male Hindu holder who dies after the commencement of the Act. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise, or at a partition, or in lieu of maintenance or arrears of mainten- ance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. It is true that the appellant was in possession of Eran Gowdas's properties but that fact alone is not sufficient to attract the operation of s. 14. The property possessed by a female Hindu, as contemplated in the section, is clearly property to which she has acquired some kind of title whether before or after the commencement of the Act. It may be noticed that the Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the Explanation and also in sub-s. (2) of s. 14 clearly indicates that the object of the section is to make a Hindu female a full owner of the property which she has already acquired or which she acquires after the enforcement of the Act. It does not in any way confer a title on the female Hindu where she did not in fact possess any vestige of title. It follows, therefore, that the section cannot be interpreted so as to validate the illegal possession of a female Hindu and it does not confer any title on a mere trespasser. In other words, the provisions of s. 14(1) of the Act cannot be attracted in the case of a Hindu female who is in possession of the property of the last male holder on the 'date of the commencement of the Act whe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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