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1944 Supreme(Mad) 57

HAPPELL
Alla Venkatappadu – Appellant
Versus
Muddana Atchayyamma – Respondent


JUDGMENT

Happell, J.

1. The appellants are the third and the fourth defendants, and the wife of the first defendant in O.S. No. 57 of 1937 in the Court of the District Munsiff of Vizagapatam. The plaintiff in that suit was the widow of a certain Appadu who had died in July, 1934. The father of this Appadu had married the daughter of one Jaganna and jaganna had taken him into the family as his illatom son-in-law. The first defendant was the grandson of Jaganna. Disputes apparently arose between the first defendant and Appadu and in consequence they executed the settlement deed, Ex. C, dated 2nd May, 1932. The plaintiff filed O.S. No. 57 of 1937 on the footing of this settlement deed, and claimed possession of her husbands half share of the properties, on the ground that the defendants had trespassed on them in 1935, together with mesne profits from that year and, in case it was found that she was not entitled to possession, she claimed maintenance at the rate of Rs. 12 per mensem and arrears of maintenance amounting to Rs. 180.

2. The District Munsiff considered that the plaintiff was entitled to possession and passed a decree accordingly. The learned Subordinate Judge took the same vi




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