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1971 Supreme(Mad) 314

R.SADASIVAM, V.RAMASWAMI
Ponnamma, Daughter of Kaliamma – Appellant
Versus
Kumara Pillai, son of Audikesavaperumal Pillai, infirm minor, by guardian Kamalamma, daughter of Madavi Amma and two others – Respondent


Advocates:
R. Gopalaswami Iyengar and T.R. Srinivasan, for Appellant.
R. Srinivasan, S. Padmanabhan and P.S. Madusudanan, for Respondents.

Sadasivam, J.-Appellant Ponnamma filed the suit O.S. No. 41 of 1962, on the file of the Subordinate Judge’s Court. Nagercoil, for partition and separate possession of a half share in the estate of Audikesavaperumal Pillai on the ground that she is his legally wedded wife. She impleaded Kumara Pillai, the legitimate son of Audikesavaperumal Pillai, through his first wife, as the first defendant in the suit, and he was represented by his guardian Kamalamma, as he was found to be a lunatic. The second defendant Kesava Pillai is the son of Kumara Pillai. The third defendant is the Advocate-Receiver appointed to manage the properties of Kumara Pillai. The defendants contested the claim of the appellant that she was the legally wedded wife of the deceased Audikesavaperumal Pillai. On a consideration of the oral and documentary evidence in this case, the learned Subordinate Judge, Nagercoil, has found that the appellant has not proved that she is the legally wedded wife of Audikesavaperumal Pillai and in the result, dismissed the suit with costs. Hence she has come forward with the present appeal.

2. Audikesavaperumal Pillai belonged to Nanjanad Vellala community and he owned extensive pro


























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