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1959 Supreme(Ker) 8

KOSHI, VAIDIALINGAM
Pavitri – Appellant
Versus
Katheesumma – Respondent


Judgment :-

1. The short point for decision in this Second Appeal is as to whether an illegitimate daughter of a Mohammadan is entitled to get maintenance from the assets of her putative father in the hands of his heirs.

2. The suit was for recovery of a sum of Rs. 60/- being the amount due as arrears of maintenance to the plaintiff and for costs from the defendants who are the heirs of the plaintiff's father, one C. P. Moosan Moopan. According to the plaintiff, her mother Kalliani was the wife of Moosan Moopan and the plaintiff was a child born of that union. The deceased Moosan Moopan was maintaining the minor plaintiff and her mother till his death in about September 1951. The first defendant is another wife, and the second defendant is a daughter of the said Moosan Moopan. Defendants 3 to 6 are the sisters of Moosan Moopan. The defendants, who are the heirs of Moosan Moopan, have not paid any maintenance to the plaintiff after the death of Moosan Moopan, though they are admittedly in possession of the self-acquired properties of Moosan Moopan. The plaintiff claimed maintenance at the rate of Rs. 15/- per month with a charge on the assets of her father, Moosan Moopan.

3. Defendant
























































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