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1976 Supreme(Mad) 365

P.S.KAILASAM, V.BALASUBRAHMANYAN
D. Chelliah Nadar and another – Appellant
Versus
G. Lalitha Bai and another – Respondent


Advocates:
G. Ramaswamy, for Appellants.
R. Krishnamurthy and K. Sreekumaran Nair, for Respondents.

Kailasam. CJ.- The plaintiffs are the appellants in this Letters Patent Appeal. The plaintiffs sued for a declaration of their title to and possession of the suit properties and for an injunction. Plaintiffs 1 and 2, Chelliah Nadar and Mercy Bai, are husband and wife. The first defendant, Lalitha Bai, is the sister of the first plaintiff. The second defendant Muthayyan is the husband of the first defendant. The suit properties belonged to one Daniel Nadar, the deceased father of the first plaintiff. Daniel Nadar died as a Travancore Christian leaving behind him, his son, the first plaintiff, and four daughters, including the first defendant. The contest is between the son and the daughter of Daniel Nadar. If the Christian Succession Act of Thavancore is applicable, the first plaintiff will be the sole heir. But, if the Indian Succession Act is applicable, the first plaintiff and the first defendant would each be entitled to a half share in the properties.

2. The trial Court found that the Indian Succession Act governed the parties to the suit and dismissed the suit. On appeal, the learned District Judge of Kanyakumari held that the first plaintiff was not entitled to claim exclusiv






















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