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1967 Supreme(Kar) 167

M.SADASIVAYYA, D.M.CHANDRASHEKHAR
Ratnamala – Appellant
Versus
State of Mysore – Respondent


JUDGMENT

Chandrashekhar, J.—In this petition under Art. 226 of the Constitution, the petitioner has assailed the constitutionality of the provisions of the Madras Aliyasantana (Mysore Amendment) Act, 1961. The State of Mysore has been impleaded as Respondent-because of the challenge to the constitutionality of the Act passed by the Mysore State Legislature. The learned Advocate-General appeared for the State and defended the constitutionality of the provisions of the Act.

(2) The petitioner belongs to the section of Jain Community in South Kanara District which is governed by the Aliyasanthana system of personal law. The genealogy of the family is set out in the table below:-

RATNAMALA

(Petr.)

_______________________________|_______________________________

| | | |

Padmavati Nagakumar Ratna Kumar Bhaskara alias

ails R. 3 R. 4 Bhagyakumar

Kasturi R.5

R. 2

_____|______________

| |

Prasantha Unnamed Female

R. 6 R. 7

(3) Respondents 2 and 3 filed a suit O. S. 76/1962 on the file of the then Subordinate Judge, Mangalore, for partition of the properties of the undivided Aliyasantana family. During the pendency of that suit, the present petition was filed. On an application by the petitioner, this Cour


































































































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