VAIJANATH Vs. GURAMMA

JUDGEMENT

(1.) The application to bring on record Respondent No. 2 also as legal representative of deceased Respondent No. 1 is allowed.

(2.) The 1st respondent was the widow of one Ramshetti who died some time in July, 1954. The 2nd respondent is her daughter - Ramshetti and his brother Veerappa, during their life time constituted a joint family which owned, inter alia, agricultural land - The present appellants are the widow, sons and daughters of Veerappa.

(3.) On a partition of the joint family property which was ordered in proceedings arising pursuant to Regular Suit No. 88/78 for partition and possession, the 1st respondent as widow of Ramshetti has been given a share in the agricultural lands belonging to the joint family. The appellants contended that under the Hindu Women's Right to Property Act as applied in the erstwhile State of Hyderabad where the lands were situated, the 1st respondent being the widow of deceased Ramshetti, was not entitled to a share in the joint family agricultural lands. Agricultural lands are excluded from the provisions of the Hindu Women's Right to Property Act, 1937. This contention has been negatived by the High Court. Hence, the present appeal has been filed by the heirs of Veerappa.