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1922 Supreme(SC) 70

LORD BUCKMASTER, LORD PHILLIMORE, AMEER ALI, SIR LAWRENCE JENKINS, LORD SALVESEN
KAMULAMMAL – Appellant
Versus
VISVANATHASWAMI NAICKER – Respondent


Advocates:
Solicitor for appellant: H. S. L. Polak.
Solicitor for respondent No. 1: D. Graham Pole.
Solicitor for respondents Nos. 3 to 8: Douglas Grant.

Judgement

Appeal (No. 45 of 1919) from a judgment and decree of the High Court (October 25, 1915) varying a decree of the Subordinate Judge of Madura (October 14, 1905).

The suit related to the estate of the zamindar of Bodinaickenur, a sudra, who died in 1888? and was brought by the first respondent (since deceased) against the appellant (since deceased), who was the widow of the zamindar, his daughter, and other collateral relations, all of whom were defendants and respondents to the appeal. The zamindar left no legitimate sons.

Both Courts in India had found that the plaintiff was illegitimate and had rejected his claim to the impartible zamindari. The trial judge, upon a remand, had found that the estate of the deceased included much property which was his self-acquired property; he held that the plaintiff was entitled to one-third of that property, and the widow to two-thirds. Upon appeal to the High Court the decree was varied, it being held that the illegitimate son and the widow were each entitled to a half of the self-acquired property. The litigation involved other points, but upon the present appeal the only substantial question was which of those views .was right.

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