NDLI: Prema Vs. Nanje Gowda and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Succession Act, 1956 (30 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Hindu Law: Hindu Succession Act, 1956- s.6A - Hindu Succession (Karnataka Amendment) Act, 1990 [Karnataka Act No.23 of 1994) - Preamble and ss.1 and 2 - Modification of preliminary decree in final decree proceedings - Scope - Joint family property - Respondent no. 1 filed partition suit - Preliminary decree passed by trial court whereby plaintiff- respondent no. 1 and defendant no. 3 were held entitled to 2/7th share whereas defendant nos. 1, 4, 5 and defendant no. 6- daughter (appellant) were held entitled to 1/28th share each - Preliminary decree confirmed by first appellate court and High Court - Respondent No. 1 instituted final decree proceedings - Meanwhile the Karnataka legislature made a State amendment in the Hindu Succession Act vide Karnataka Act No.23 of 1994 by inserting s.6A whereby unmarried daughters were given equal rights in co-parcenary property - Appellant filed application under ss.151, 152 and 153 of CPC for amendment of the preliminary decree and for grant of declaration that in terms of s. 6A she was entitled to 211th share (higher share) in the suit property, claiming that she had not married till the enforcement of the Karnataka Act No.23 of 1994 - Trial Court dismissed the appellant's application holding that amendment made in the Act same cannot be relied upon for amending the decree, which had become final - High Court upheld the order of trial court - On appeal, held: By the preliminary decree, shares of the parties were determined but the actual partition/division had not taken place - Therefore, the proceedings of the suit instituted by respondent No. 1 cannot be treated to have become final so far as the actual partition of the joint family properties is concerned and it was open to the appellant to claim enhancement of her share in the joint family properties because she had not married till the enforcement of the Karnataka Act No.23 of.1994 - By virtue of the preliminary decree passed by the trial Court, which was confirmed by the lower appellate Court and the High Court, the issues decided therein will be deemed to have become final but as the partition suit is required to be decided in stages, the same can be regarded as fully and completely decided only when the final decree is passed - If in the interregnum any party to the partition suit dies, then his/her share is required to be allotted to the surviving parties and this can be done in the final decree proceedings - Likewise, if law governing the parties is amended before conclusion of the final decree proceedings, the party benefited by such amendment can make a request to the Court to take cognizance of the amendment and give effect to the same - If the rights of the parties to the suit change due to other reasons, the Court ceased with the final decree proceedings is not only entitled but is duty bound to take notice of such change and pass appropriate order - In the instant case, the final decree proceedings were. pending the day s. 6A came into force - Therefore, the appellant had every right to seek enlargement of her share and there is no reason why the Court should hesitate in giving effect to an amendment made by the State legislature in exercise of the power vested in it under Article 15(3) of the Constitution - Consequently, the application filed by the appellant under ss.151, 152 and 153 CPC is allowed - Code of Civil Procedure, 1908 - ss. 151, 152 and 153 - Constitution of India, 1950 - Article 15(3).
Judge	Hon'ble Mr. Justice G.S. Singhvi
Neutral Citation	2011 INSC 372
Petitioner	Prema
Respondent	Nanje Gowda And Others
SCR	[2011] 8 S.C.R. 55
Judgement Date	2011-05-10
Case Number	2481

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