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1945 Supreme(Mad) 245

PATANJALI SASTRI
The Official Receiver of South Arcot, representing Somasundaram Chettiar – Appellant
Versus
V. RM. K. M. M. Kulandaivelan Chettiar – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This appeal raises a question of some general importance to the Nattukottai Chettiar community of Southern India, viz., whether a son is entitled by the custom of the community to a joint interest in his mothers stridhanam during her lifetime.

2. The plaintiffs mother Deivanai Achi was married to Muthappa Chetty, the second defendant in the suit in 1897. At the time of the marriage, stridhanam was given to her by her brother in the shape of a hundi for Rs. 3,062-8-0 which was handed to Muthappas father, Muthiah Chetty. The proceeds were credited as usual in the name of the second defendant in the oorkadai (head office) accounts at Devakottai where Muthiah Chettis family was carrying on money-lending and banking business under the vilasam V. RM.K. with branches at Madura and other places. After the partition between Muthiah Chetty and his brothers in or about 1900 the amount appears to have been held by Muthiah Chettys branch of the family which continued undivided and assumed the vilasam V. RM.K.M. According to the plaintiff, a sum of Rs. 5,143-6-3 out of the stridhanam fund, which by that time had amounted with accrued interest to Rs. 8,643-6-3, was t
































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