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1952 Supreme(Mad) 205

KRISHNASWAMI NAYUDU
A. N. Subramanian, late a minor by G. S. Lakshmi Ammal, as next friend but now having attained majority – Appellant
Versus
A. S. Kalyanarama Iyer . – Respondent


Advocates:
N. Sundara Iyer for Appellant.
C.S. Swaminadhan for Respondents.

Judgment.-

The appellant is the plaintiff in a suit for partition and separate possession in respect of the properties of his grandfather one Subramania Iyer. Subramania Iyer had two sons, the first defendant and Narayana Iyer, father of the plaintiff. Subramania Iyer died in 1945 leaving his widow the 2nd defendant. The plaintiff’s claim is in respect of the properties left by Subramania Iyer which consists of properties which were allotted to the share of Subramania Iyer in a partition between Subramania Iyer, Kalyanarama Iyer and Narayana Iyer entered into under Exhibit B-1, dated 4th February, 1935. The second defendant is the widow of Subramania Iyer and the lower Court conceded to her a share under the Hindu Women’s Rights to Property Act. The present appeal is confined to the finding as to the widow being entitled to a share in the partition under the Hindu Women’s Rights to Property Act and as to the rejection of the plaintiff’s claim to items 29 and 30 of the A schedule to the plaint. The preliminary decree was passed on 17th September, 1948. The second defendant died on 28th November, 1948. The question as to her being entitled to a right to a share need not really be deci













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