Judgement

MAHAJAN J.- One Thangathammal who was a dasi (dancing girl) lived in the Tanjore district in Madras State and died possessed of some properties. She left her surviving three daughters, Saraswathi, Jagedambal and Meenambal. Jagadambal filed the suit out of which this appeal arises against her sisters for partition of the movable and immovable properties set out in the plaint and for allotment of a third share to her therein. She alleged that her mother was married to one Thyagaraja Pillai, that the properties in suit were the stridhanam properties of her mother who died intestate on 26-7-1948 and that according to the law or custom of the community to which the parties belonged she and her sisters were entitled to share equally the properties of her mother.

2. Saraswathi Ammal, defendant 1, contested the suit. She pleaded that her mother was not a married woman but a dasi who followed her hereditary occupation and was attached to Shri Saranatha Perumal temple at Tiruchurai in the Tanjore district, that of the three daughters the plaintiff and defendant 2 married and lived with their husbands, while she (defendant 1) was duly initiated as a dasi in the said temple and remaine