DARUBAI & ANR. versus KAMALABAI & ORS.

Issue for consideration

Whether the defendant could avail the ground of legal necessity as ‘karta’ of the family, and whether the parties to the lis, would succeed to the suit properties as tenants in common or joint tenants, since their rights flow from s.8 of the Hindu Succession – s.8 – The four plaintiffs including the present respondent had filed suit for partition and separate possession claiming to be 4/5th owners of the property of late Da, being the successors-in-interest as his daughters along with Di, who is the wife of Da – In other words,