G.K.MITTER, J.M.SHELAT, K.N.WANCHOO
Ammathayee Alias Perumalakkal – Appellant
Versus
Kumaresan Alias Balakrishnan – Respondent
Judgment
WANCHOO, J. : This is an appeal on a certificate granted by the Madras High Court and arises in the following circumstances. One Rangaswami Chettiar was a man of considerable property and used to live in Poolathur village. He first married one Bappini and had a son by her. But both the sons and Bappini died. He therefore married Ammathayee who was defendant No 2 in the suit and is appellant No. l before us. He had a son and two daughters by her. But unfortunately all the three children died. Thereafter Rangaswami Chettiar married Lakshmiammal in 1943. She was 1 he first defendant in the suit. It appears that no child was born to Lakshmiammal for about three years and therefore Rangaswami Chettiar married a fourth time. His fourth wife was the sister of his second wife named Supputhayee. In February 1949 Lakshmiammal gave birth to a son. There is dispute as to the question whether Lakshmiammal had left her husband about 1945 or so because of frequent quarrels between the two. Anyhow the fourth wife had also no children. In June 1953 Rangaswami Chettiar fell ill. He was first treated as an in-patient in Batlagundu hospital and later admitted as all in-patient. On June 16, 193
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