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1896 Supreme(SC) 9

LORD WATSON, LORD HOBHOUSE, LORD DAVEY, SIR RICHARD COUCH
MUTHUSWAMI MUDALIYAR – Appellant
Versus
SUNAMBEDU MUTHUKUMARASWAMI MUDALIYAR – Respondent


Advocates:
Solicitors for appellants :Pemberton, Garth & Cope. Solicitors for respondent: Lawford, Waterhoused Lawford.

Judgement

Appeal from a decree of the High Court (May 5, 1892), which affirmed a decree of the District Court of Chingleput (May 12, 1891) dismissing the appellants suit with costs.

The question decided was, whether the appellants, or certain persons through whom the respondent claimed, were the preferable heirs of one Muthuswami Mudali, a Hindu inhabitant of Madras subject to Mitakshara law, and as such entitled to succeed to his estate. Muthuswami died sonless in 1879, and thereupon his estate vested in his widow Swarnathammal until her death on April 14, 1888, when the succession in question opened.

The relationship of the family, so far as material, appears from the following pedigree.—

Law. Rep. 23 Ind. App. 83 ( 1895- 1896) Muthuswami Mudaliyar V. Sunambedu Muthukumaraswami Mudaliyar 42

| Arumugatha,died before his father, S.S. MUTHU MUDALIAR | | Parvatha Ammal.

| Arunachala, d 1866. m. Munia Ammal. Kandasami | | Subbaroya | First plaintiff. | Second plaintiff.

| Muthuswami, d. 1879. m. Swarnathammal, died April, 1888. | M(1) Vedammal. | M(2) Rukmani. | Nagappa | | V a it hya na t h a . Third plaintiff.

| | |

Gnanambal, d. Ratna,alias Apparao.

without issue, Kandaswami

1883.
































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