Judgment

ALAGIRISWAMI, J. :- This is an appeal by special leave against the judgment of the High Court of Madras in Second Appeal.

2. The appellant is the daughter of one Ayyappan Mathevan Pillai, who died on 17th January, 1949, by one of his wives, the second respondent. The first respondent is his son by another wife. The parties belong to the Krishnanvaka Community found mainly in the Kanyakumari district of Tamil Nadu. During the appellant s minority her mother and the first respondent entered into a deed of partition under which the appellant was given 9 out of 79 items belonging to her father. She filed the suit out of which this appeal arises for partition and possession of a half share in all her father s properties. Her claim was based on the allegation that in the community to which the parties belong there was a custom of a special kind of pathnibhagam. While under the ordinary pathnibhagam a man s sons by different wives get their shares on the basis that whatever their number the property is divided according to the number of wives he had, rather than on a per capita basis, the special kind of pathnibhagam pleaded by the plaintiff was that even a daughter was entitled to