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1934 Supreme(Mad) 134

VARADACHARIAR
Gurusami Nadar – Appellant
Versus
Irulappa Konar – Respondent


JUDGMENT

Varadachariar, J.

1. This second appeal arises out of a litigation between rival transferees from defendants 1 and 2 and from defendants 5 and 6 respectively of properties belonging to one Vedanayaga, deceased. It is common ground that by birth he was a Hindu and that later in life he became a Christian and married defendant 1 who was admittedly a Christian. Defendant 2 is the issue of that marriage sometime after the marriage, defendant 1 would appear to have gone over to Colombo and whatever the reason for the estrangement may be, both the Courts below seem to think that thereafter Vedanayaga and defendant 1 did not live as husband and wife. The next stage in the story is that Vedanayaga married defendant 5.

2. The evidence is conflicting, as to the religion of Vedanayaga at the time of the marriage with defendant 5 and at the time of his death. The materials are very scanty and it is not perhaps too strong an observation to make if I say that in view of what would appear from the evidence in the case as to the prevalence of unions amongst members of this community without much regard to their religious beliefs and opinions, and in view of the facts referred to in the judgm




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