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1955 Supreme(Mad) 214

PANCHAPAKESA AYYAR, P.V.RAJAMANNAR
Alagammai Achi – Appellant
Versus
E. S. VR. P. L. Veerappa Chettiar – Respondent


Advocates:
K.S. Ramamurthi and V. Seshadri for Appellant.
Alladi Kuppuswami for Respondent.

Panchapakesa Ayyar, J.- This is an appeal by one Kumari Alagammai the plaintiff in O.S. No. 57 of 1951, against the judgment and decree of the Subordinate Judge, Devakottai, dismissing her suit with costs. That was a suit filed by her against her four paternal uncles, defendants 1 to 4, for giving her Rs. 40,000 for her marriage expenses, out of the joint family properties, said to be worth ten lakhs, divided by them among themselves under two partition deeds, Exhibit A-8, dated 6th May, 1942, and Exhibit A-9, dated 26th May, 1942, making only a provision of Rs. 25,000 tor her marriage expenses and dividing it among themselves at Rs. 6,250, each to be paid individually at a later date. The plaintiff alleged that this provision of Rs. 25,000 for her marriage expenses in Exhibits A-8 and A-9 was not at all adequate and was in fraud of her rights to get Rs. 40,000 from them jointly at once. She did not, therefore, file a suit for recovering the Rs. 25,000, or for getting that sum deposited into Court for meeting her marriage expenses, taking advantage of the Privy Council ruling in Mst. Dan Kuer v. Sarla Devi1, on the basis of her being a third party beneficiary under those family arr

















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