LATA BABURAO MANE Vs RAMCHANDRA BALASAHEB MANE (D) THROGH LRS
Bench: V. GOPALA GOWDA,C. NAGAPPAN
Case number: C.A. No.-000174-000174 / 2007
Diary number: 14700 / 2005
Advocates: ANIL K. JHA Vs
NARESH KUMAR
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REPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO 174 OF 2007
Lata Baburao Mane & Another ... Appellants
versus
Ramachandra Balasaheb Mane (D) Through Lrs. ... Respondents
J U D G M E N T
C. NAGAPPAN, J.
1. This appeal is preferred against final common
judgment and order dated 27.4.2005 passed by the
High Court of Judicature at Bombay in Second
Appeal Nos.65 of 2003 and 85 of 2003, whereby
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the High Court dismissed both the Second Appeals
under a reasoned order.
2. Baburao Marutrao Mane and his daughter
Lata Baburao Mane filed Civil Suit No.203 of 1987
against the respondent Ramchandra Balasaheb
Mane now deceased, for permanent injunction.
Ramchandra Balasaheb Mane filed Civil Suit No.73
of 1988 against Baburao Marutrao Mane and
others seeking for partition of the suit properties.
The trial court by common judgment and decree
dated 9.4.1999 dismissed suit No.203 of 1987,
which was for grant of permanent injunction and
decreed suit No.73 of 1988 which was for partition.
Challenging the same Baburao Marutrao Mane and
others preferred two civil appeals in Civil Appeal
No.161 of 1999 and 162 of 1999 on the file of
Additional District Judge, Satara. The Appellate
Court dismissed both the appeals. Aggrieved by
the same Baburao Marutrao Mane and others
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preferred two second appeals in Second Appeal
Nos.65 of 2003 and 85 of 2003 on the file of the
High Court. Both the Second Appeals came to be
dismissed pursuant to which Baburao Marutrao
Mane and others preferred the present appeal.
3. While issuing notice this Court by order
dated 29.7.2005 restricted it in the following
terms:
“Issue Notice limited to the
questions as to the share which
Ramchandra had in the property
whether the High Court was correct
in holding that the adoption of
Ramchandra is related back to the
date of his father’s death.”
4. A genealogical tree is relied upon and
there is no dispute to it, and it is reproduced
below:
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Niraji (Died before
1906)
Ravaji (died without
heir) Nana
(died without heir) Rushi
Aba (Died
Baba (No heirs)
(Died before 1906)
Bapusaheb (Died in 1906)
Baba (died on
9.7.1909)
Bala (Died on 19.2.1909)
Krishnabai (Wife) Died in 1950
Nanasaheb (Died on 7.8.1950)
SURSINGH
Tanubai Subhadra
Marut Rao Died in 1997
RAMACHANDRA (Respondent No.1) (Adopted by Krishnabai on
24.2.1947) Died in 2010 – Lrs on Record
BABU RAO (Appellant)
Lalubai (Widow) (Died on 6.8.1919) No issues
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5. Mr. Vijay Hansaria, learned senior counsel
appearing for the appellants contended that the
appellants are entitled to 75% share and the present
respondents namely the heirs of deceased
Ramchandra Balasaheb Mane are entitled to only
25% share in the suit properties. It is further
contended by him that the estate of Babusaheb was
open to reversioners only in the year 1919 when his
widow Lalubai died and not in 1906 when Bapusaheb
died. The other contention raised by him is that on
adoption of respondent Ramchandra Balasaheb
Mane by Krishnabai in the year 1947, the said
adoption will not relate back to the year 1909 to the
extent of divesting the collateral Nanasaheb who by
then succeeded to the estate of Babusaheb in the
year 1919. In support of his submission the learned
Dilip (Appellant
)
Pratap (died) LRs on record
(Appellant)
Ranjana @ Devyani
(Appellant)
Vandana (Appellant)
Lata (Appellant)
Ujwala Sunita
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senior counsel placed reliance on the following
decisions:
i) Bhubaneshwari Debi vs. Nilkomul Lahiri [1885 (12) IA 137;
ii) Shrinivas Krishnarao Kango vs. Narayan Devji Kango and ors.[(1955 (1) SCR 1;
iii) Krishnamurthi Vasudeorao Deshpande and another vs. Dhruwaraj [AIR 1962 SC 59]; and
iv) Govind Hanumantha Rao Desai vs. Nagappa and Seven others (1972) 1 SCC 515)
6. Per contra Mr. Shekhar Naphade, learned
senior counsel appearing for the respondents
contended that the trial court, the appellate court
and the High Court have arrived at a finding that
there was no partition in the family and the suit
properties were joint family properties and since
the properties were not partitioned, succession
never opened and Lalubai had only a right of
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maintenance and never succeeded to the property.
It is his further contention that Babusaheb died in
the year 1906 and after him Baba and Bala
survived till the year 1909, and their branches are
rightly found to be entitled to 50% share each, in
the suit properties, on the basis of the principle that
the adoption relates back to the death of the
adoptive father and the concurrent findings are
sustainable both in law and on facts.
7. The contention of the appellants is
based on the premise that the dispute is with
regard to the collateral’s property and the relation
back principle would not apply to the same.
Though the plea of partition was raised by the
appellants/plaintiffs, the trial court categorically
held that there was no evidence to prove partition
and the properties remained joint family properties.
The said finding was confirmed by the first
appellate court and then by the High Court. As
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there was no partition, succession did not open at
the time of death of Babusaheb Mane in the year
1906. As rightly contended by the respondents, his
widow Lalubai had only a right of maintenance and
never succeeded to the property. Baba and Bala
survived till the year 1909 and they were entitled to
50% share each in the properties and on the
relation back principle the adopted son namely
respondent Ramchandra Balasaheb Mane and the
appellant Baburao Mane are entitled to 50% share
each in the suit properties. The properties by
inheritance never went to a collateral. The
contention of the appellants is fallacious and liable
to be rejected and the decisions cited are also not
applicable. The findings of the courts below that
the adoption of respondent Ramchandra Balasaheb
Mane relates back to the death of his adoptive
father and he is entitled to 50% share in the suit
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properties, are based on correct appreciation of
facts and law and no interference is called for.
8. There are no merits in the appeal and
the same is dismissed. No costs.
…………………………….J. (V. Gopala Gowda)
…………………………….J. (C. Nagappan)
New Delhi; November 18, 2014.