D PADMARAJA SETTY Vs. GYANACHANDRAPPA
HIGH COURT OF KARNATAKA
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(1.)The property In suit, out of which these Revision Petitions arise, belonged to two brothers Dasarath and Tukkappa. The former died first. After the death of Tukappa also, leaving only his widow Padmavathamma, one of the sons of Padmavathamma filed a suit for partition and delivery to him of a half share in the property. Padmavathamma had brought up her brother's daughter Janawa as her foster daughter.
(2.)During the pendency of the suit, Padmavathamma died. Both Padama-vathamma as well as her foster daughter Janawa were murdered on the game night.
(3.)The plaintiff filed I. A. No. VI for bringing on record his brothers because himself and his said brothers were the nearest intestate heirs of Padmavathamma under Section 15 of the Hindu Succession Act. Janawa's parents filed I. A. No. VII to come on record as legal representatives of deceased Padmavathamma, on the ground that Padmavathamma had left a registered will bequeathing all her estate in favour of Jannavva and that after the death of Janawa they were the persons entitled to the estate as the nearest heirs to Janawa.
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