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1944 Supreme(Mad) 161

Arulayi – Appellant
Versus
Antonimuthu Nadan – Respondent


JUDGMENT

1. The main question arising for decision in this second appeal is whether the provisions of Section 33A(1) of Act 39 of 1923, the Succession Act apply to this case so as to benefit the appellant to the extent of property worth Rs. 5000. The appellant is the widow of one Arulandu Nadan who was an Indian Christian. He died in the year 1936 leaving his widow defendant 1, a sister the plaintiff, a brother defendant 2 and two daughters by a deceased sister, defendants 3 and 4. The property left by the deceased Arulandu Nadan is stated in the plaint to be worth Rs. 6725-14-0. The plaintiff conceded that defendant 1 was entitled exclusively to Rs. 5000 and interest thereon. Deducting this sum she claimed a sixth in the balance and that was mentioned to be Rs. 159-13-10-2/3. It was also stated that defendants 3 and 4 who were her sisters daughters were entitled to a like sum of Rs. 159-13-10-2/3. Defendant 2 was stated to be also entitled to a similar sum and the balance of the excess was stated to be the share of defendant 1, i.e., this is in addition to the sum of Rs. 5000 and interest thereon which was conceded in favour of defendant 1. Defendants 3 and 4 submitted to a decree














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