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1971 Supreme(Mad) 663

SADASIVAM, V.RAMASWAMI
Santhanam Kachapalaya Gurukkal – Appellant
Versus
V. Subramania Gurukkal – Respondent


Advocates:
P.C. Parthasarathy Iyengar, for Appellant; T.R. Venkataraman, for Respondent.

Judgement

SADASIVAM, J.:- This Letters Patent Appeal is against the judgment of Veeraswami J., as he then was, in S.A. No.369 of 1962, on the file of this court, reported in Santhana Kanchapalaya Gurukkal v. V. Subramania Gurukkal, ILR 1967-1 Mad 68. The decision has been dissented from by Ramamurti J. in Chellammal v. Nallammal, 1971-1 Mad LJ 439 at p.466.

2. The main question for consideration in this appeal is whether, by virtue of S.14(1) of the Hindu Succession Act, 1956, Sivakami Ammal, the decree-holder in O.S.576 of 1917, on the file of the District Munsif Court, Kancheepuram, became absolutely entitled to 9 acres 66 cents in Sirukayeripakkam village obtained by her under the compromise decree in the said suit for her maintenance. The appellant is the second defendant in the suit and he is the elder brother of the respondent-plaintiff and the first defendant is their father. Sivakami Ammal is the widow of a predeceased brother of the first defendant. She filed O.S. No.576 of 1917 on the file of the District Munsif Court, Kancheepuram, claiming maintenance at the rate of Rs.15 per month and arrears of maintenance Rs.540 against the present first defendant and the appellant her





































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