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1975 Supreme(Mad) 159

T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
Muthu Bhattar – Appellant
Versus
D. Chokku Bhattar and others – Respondent


Advocates:
S. Sitarama Iyer and S. Rajaram Iyer, for Appellant.
R. Gopalaswamy Iyengar, for Respondent.

Ramaprasada Rao, J. :-The unsuccessful plaintiff in O.S. No. 151 of 1965 on the file of the learned Principal Subordinate Judge of Madurai is the appellant. The dispute is about the right which one of the widows of a joint family acquired in relation to one of the properties of the family. Chinnasami Bhattar had five sons. Three amongst them died issueless. The other two sons were Subbu Bhattar and Chocku Bhattar. Subbu Bhattar died leaving behind him his son Chinnaswami Bhattar, who, in turn, died on 31st December, 1937, leaving behind him his widow Ammani Ammal. The other son Chokku Bhattar died in 1935 leaving behind him Subbammal as his widow. Ammani Ammal died on 22nd February, 1945, after having taken the plaintiff in adoption. Subbammal, however, lived till 3rd September, 1965. Subammal was therefore admittedly a pre-1937 widow in the sense that she became widow prior to the passing of the Hindu Women’s Right to Property Act of 1937. In 1940, she filed the suit O.S. No. 202 of 1940 on the file of the District Munsif of Madurai, seeking for her accredited maintenance rights. It is common ground that in the pleadings in that suit Subbammal stated that she was living in one of







































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