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1934 Supreme(Mad) 314

KING
Shamugathammal – Appellant
Versus
Gomathi Ammal – Respondent


JUDGMENT

King, J.

1. The question at issue in this appeal is the right of succession to the property of a dancing girl of Palamcottah named Amirthammal who died issueless in 1920. Amirthammal had four sisters of whom three still survive and were impleaded in this suit as defendants 1, 2 and 3. Plaintiff is the daughter of the other sister who had predeceased Amirthammal. Plaintiff claims that she is the sole heir of Amirthammal and that her aunts are disqualified for the following reasons; defendant 1, because she has been adopted by another dancing girl, and defendants 2 and 3 because they are married women who do not practise the profession of the dancing girl caste. Plaintiff alleges that by the customary law of the caste such married women are precluded from the succession. Plaintiff was given a decree by the Sub-Judge of Tuticorin but her suit was dismissed on appeal by the District Judge of Tinnevelly and she now comes to us in Second Appeal. Various questions of fact were disputed in the first Court, but the facts are now settled, viz. that plaintiff is a dasi and not a married woman, and that Defendant 1 was taken in adoption; and the sole question now in dispute, as indeed i





















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