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1944 Supreme(Mad) 47

HORWILL
Adhilakshmi Ammal – Appellant
Versus
T. Nallasivan Pillai died – Respondent


JUDGMENT

Horwill, J.

1. The property now in dispute originally belonged to one Venkatachalam, who conveyed it by gift to his daughter Adhilakshmi. As it was the stridhanam property of Adhilakshmi, it descended to her daughters Ramalakshmi, Venkatachalavadivoo and Mahalakshmi. As Mahalakshmi had become a widow and Venkatachalavadivoo had died leaving a daughter Chellathammal, Ramalakshmi entered into an agreement Ex. B, with Chellathammal, whereby they divided the property roughly in the proportion of two to one, Ramalakshmi undertaking to support her widowed sister Mahalakshmi. The suit property is the property that fell to the share of Ramalakshmi. Ramalakshmi had two sons, Subramania and defendant 10, and two daughters, the plaintiff and defendant 9. After Ramalakshmis death her elder son Subramania seems to have got possession of the property, and since his death, his sons, defendants 1 and 2 have been enjoying it. The plaintiff brought the present suit, claiming that the suit property belongs to her and defendant 9. Both the lower Courts have held that the property belonged jointly to the plaintiff, defendant 9, and Chellathammal, and that as Chellathammal was not made a party, t




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