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1957 Supreme(Mad) 161

P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
Ramalingam Pillai – Appellant
Versus
Ramalakshmi Ammal – Respondent


Advocates:
M. Natesan, for Appellants.
G. R. Jagadisan, for Respondents.

Judgment

The only substantial question in this appeal against the decree and judgment of the learned Subordinate Judge of Madurai in O.S. No. 9 of 1951 is whether a Hindu widow who becomes entitled to her husband’s share in joint family property under the Hindu Women’s Rights to Property Act can challenge an alienation made by the other member of the family who was a coparcener with her husband. The facts necessary for the disposal of this appeal may be briefly stated. The plaintiff first respondent is the widow of one Subramania Pillai who died in August, 1942. He was survived by, besides his widow, the plaintiff, his undivided son, the first defendant, and two unmarried daughters, defendants 2 and 3. On 13th August, 1950, the first defendant alienated item 1 of Schedule A of the plaint, a family house, to the fourth defendant for an alleged consideration of Rs. 10,000. In 1951 the widow filed a suit for partition and separate possession of her half share in the property set out in Schedules A and B to the plaint including this item which had been sold to the fourth defendant. She alleged that the said alienation was not binding on her and, therefore, she was entitled to her half s















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