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1969 Supreme(Mad) 380

M.NATESAN
Nagammal – Appellant
Versus
Nanjammal – Respondent


Advocates:
K. Sarvabhauman and T. R. Marti, for Appellants.
T. Srinivasan, for Respondents.

JUDGMENT:-

This second Appeal raises an interesting problem in the application of section 22 of the Hindu Succession Act, The problem has been rendered difficult by the absence of clear legislative guidance. Mulla in his principles of Hindu Law, 12th Edition, remarks on the section:

“The section requires more explicit and stringent language.”

To state the facts of the case in brief: The suit properties, lands with wells, belonged to one Bomma Naicken who, on his death in August 1958, left surviving his widow and four daughters. Under the Hindu Succession Act, as Cass I heirs the four daughters and the widow share the properties equally, each taking a l/5th share. Plaintiffs 1 to 3 in the suit are the three daughters and the 1st defendant is the other daughter. Without reference to her co-heirs, the 1st defendant, under the original of the sale deed Exhibit A-5, dated 11th December, 1959, sold her share in the suit properties to one Pappa Naicken, the 2nd defendant in the suit, for a consideration of Rs. 1,000. The suit has been instituted on 12th July, 1960 in assertion by the plaintiffs of their preferential right to purchase her l/5th share under section 22 ot the Hindu Succession A
































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