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1953 Supreme(Mad) 405

MACK, KRISHNASWAMI NAYUDU
Yeditha Venkanna – Appellant
Versus
Nakka Narayanamma – Respondent


Advocates:
P. Somasundaram and D. Narasaraju for Appellant in Appeal No.236 of 1950.
E. Venkatesam and D.L. Narasimharaju for 1st Respondent in Appeal No. 236 of 1950.
E. Venkatesam, P. Ramachandra Reddi and D.L. Narasimha Raju for Appellant in Appeal No.661 of 1950.
D. Narasaraju and K.B. Krishnamurthi for 1st Respondent in Appeal No.661 of 1950.

Judgments: Krishnaswami Nayudu, J.-

The main question that arises for determination in these appeals is as to whether illegitimacy is a bar to succession to a Hindu woman’s stridhana. One Yedida Ayyapparaju died possessed of considerable movable and immovable properties leaving behind him his widow Seshamma and two daughters Annapurnamma and Mangamma. He executed his last will and testament on 4th November, 1914 and died on 14th November, 1914. Mangamma died on nth September, 1915 and Annapurnamma died on 20th July, 1930, leaving behind her a son, who died on 18th March, 1931. Long after her husband’s death, Seshamma gave birth to Narayanamma, who is the plaintiff and there is no dispute that the plaintiff was not the legitimate daughter of Ayyapparaju and Seshamma. The widow having died on 23rd December, 1942, the plaintiff claimed to be the heir to her mother and claimed her stridhana properties, the first defendant, who resisted delivery of possession being the divided brother of Ayyapparaju. Under the will, Ayyapparaju gave a life interest to Seshamma in the properties which he obtained in the partition between himself and the other members of his family, the remainder to his da

















































































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