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1945 Supreme(Mad) 171

ALFRED HENRY LIONEL LEACH
Gopalaswami Naick – Appellant
Versus
The Province of Madras through the District Collector of Ramnad at Madura, – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The appellant was the second defendant in a suit in the Court of the Subordinate Judge of Ramnad. There were four plaintiffs, the first plaintiff being the second plaintiffs mother and the third and fourth plaintiffs being her daughters. The suit was filed in forma pauperis for a declaration that a settlement dated the 27th February, 1938, purporting to have been executed by the first defendant in favour of the second defendant was not binding on the plaintiffs and for a partition of the property on the basis that the first plaintiff was the lawful wife of the first defendant and the second plaintiff his son. The third and fourth plaintiffs asked for a decree for maintenance and for marriage expenses. The first defendant denied that the first plaintiff was his wife and denied that the other plaintiffs were his children. During the pendency of the suit the first defendant died. The second defendant eventually agreed to the second plaintiff receiving 20 acres out of the properties in suit, and a decree was passed to this effect. The decree directed that the first plaintiff should pay the costs of the suit and the court-fee payable to Governme




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