SIDNEY WADSWORTH
Bathai Bagyalakshmi Ammal – Appellant
Versus
Thoppai Bappu Aiyar died – Respondent
Sidney Wadsworth, Officiating C.J.
1. The appellant here was the 20th defendant in a partition suit and is the daughter of the respondent (21st defendant in the trial Court). By respondent we refer to the original respondent who is now dead and is represented by his legal representatives, the second and third respondents. The 2oth defendant was the wife of the third defendant, one of the coparceners. She was in the suit claiming certain items of property as her own and her father the respondent, was claiming certain other items of property as his own. The trial Court disallowed the claims of both the appellant and the respondent. They joined together in appealing to this Court against that decision. The appeal was Appeal No. 101 of 1937. In their memorandum of appeal there is an assertion that items 10 and 11 of Schedule C, with which we are now concerned, were purchased with the stridhanam funds of the present appellant. These two items are usufructuary mortgage rights and it is common ground that the lands covered by these usufructuary mortgages were being managed by the respondent for the appellant. It is also common ground now, though the fact was not revealed during the
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