devolution
of tenancy rights in respect of such holdings."
Section 6 of the Act deals with devolution of interest in coparcenary
property ... following terms:
"6. Devolution of interest in coparcenary property. -When a male Hindu dies
after the commencement of this Act, having at the time
First Schedule appended to the said Act and such devolution of interest in the sons or the heirs mentioned therein cannot be for the benefit ... learned author was discussing the effect in the said section of devolution of interest in respect of an ancestral co-parcenary property prior to coming
arises for consideration is as to whether the
appellant had acquired any interest therein by his birth in the year 1977;
Bhima having died ... stood at the relevant time, provided for
devolution of interest in the coparcenary property. Section 8 lays down the
general rules of succession that
daughters are concerned, the point of devolution of
interest should be kept in mind as in case of death of one daughter
her share goes
Hindus. It lays down the mode and manner in which the
devolution of interest of a female shall take place. Section 16 provides ... taken if living at the
intestate's death.
Rule 3.--The devolution of the property of the
intestate on the heirs referred
parts, namely; (a) arrangement of cultivation during her lifetime, and (b) devolution of interest upon her heirs after her death.
50. She further intended
Karan Murmu and his heirs and legal representatives did not succeed his interest.
20. It has further been contended that on 25th Jeth, 1326 corresponding ... forward any claim either claiming co-tenancy with Ludha Murmu or devolution of interest or succession on his death.
24. It has further been contended
Jethmalani to show that such an
interest was held to be a caveatable interest.
44
80. One of the judgments relied upon was Brindaban Chandra ... present interest in the property left by deceased, yet it is
manifest that he is substantially interested in the
protection or devolution of the estate
interested in the claims as they would not have say at all. However, a subsequent discovery or question of interest as regard the entitlement ... under Order 1, Rule 10 CPC may be maintainable. The devolution of such interest may not be confined to the situation contained in Section
party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made