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1934 Supreme(Mad) 135

RAMESAM, CURGENVEN
Kalimuthu Pillai Minor – Appellant
Versus
Ammamuthu Pillai – Respondent


JUDGMENT

Ramesam, J.

1. The question arising in this Second Appeal is one of Hindu Law, the facts not being disputed. The plaintiff is the daughters daughters son of the last male-owner Kalimuthu Pillai who died in 1883. Kalimuthu had four wives, of whom two survived him. The last of these died in January 1923. According to the plaintiff the property has devolved under the Hindu Law on him as (he nearest Banhdu. The first defendant is the sisters son of Kalimuthu. He had previously obtained a decree for possession of the properties of Kalimuthu on the ground that he is the reversioner but the present plaintiff was not a party to that suit. The plaintiff in this suit now seeks to recover the properties from him. The present suit was filed on January 24, 1928, and there is no question of limitation in the case.

2. The only question for decision therefore is, who according to Hindu Law is the preferential heir--the plaintiff (the daughters daughters son) or the 1st defendant (the sisters son)? As the succession opened in 1923 this case is not governed by the Hindu Law of Inheritance Amendment Act, II of 1929. Both parties are Bandhus, i.e. cognates or Bhinna Gothra Sapindas. The nature o














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