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1951 Supreme(SC) 76

M.C.MAHAJAN, N.CHANDRASHEKAR AIYAR, S.MURTAZA FAZAL ALI
Chinnathayi – Appellant
Versus
Kulasekara Pandiya Naikcer – Respondent


Advocates:
ALLADI KRISHNASVAMI IYER, B.SOMALAYA, CHINNASVAMY, G.S.PATHAK, K.SUBRAHAMANYAM REDDY, KULASEKHARA PANDIYA NAICKER, M.S.K.AIYANGAR, M.S.K.Shastri, MUTHUMUNAKSHI VEERAKAMALA AMMAL, MUTHUMUNAKSHI VIRAKAMALA AMMAL, PANDIYA NAICKER, PERIATHAYI, S.Subramania Iyer, T.B.S.S.RAJAYA, T.S.SANTHANAM, V.P.K.NAMBIAR, V.V.RAGHAVAN, VEERALAKSHMI AMMAL, VIRALAKSHMI AMMAL

M.C.Mahajan, J.

(1) THESE eight appeals arise out of a common judgment of the High court of Madras dated the 30/10/1945, given in seven appeals preferred to it against the judgment of the District Judge of Madura in four suits, O.S. Nos. 2, 5, 6 and 7 of 1941, all of which related to the zamindari of Bodinaickanur `in the Madura district and the properties connected therewith. The appeals were originally before the Privy council in England, some by leave of the High court and others by special leave and are now before us for disposal.


(2) THE zamindari of Bodinaickanur is an ancient impartible estate in the district of Madura, owned by a Hindu joint family. The genealogical tree of the family is as follows :--


(3) THE zamindari was last held by Kamaraja II of the second branch. He died on 16/02/1941, without male issue, but leaving him surviving a widow Chinnathayi alias Veeralakshmi Ammal, and members of the family belonging to the third, fourth and fifth branches. Succession to the zamindari is admittedly governed by the rule of lineal primogeniture modified by a family custom according to which the younger son by the senior wife is preferred to an eid


































































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