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1911 Supreme(Mad) 203

SUNDARA.AIYAR
Arumuga Gounden – Appellant
Versus
Chinnammal – Respondent


JUDGMENT

Sundara Aiyar, J.

1. This second appeal which is preferred by the defendant arises out of a suit by the plaintiff for recovering the value of paddy secured to her for maintenance by an agreement between the defendant and his brother. The plaintiff says she was the concubine of the defendants father. Whether she was an unmarried woman continuously kept by the defendants father or not does not appear. It is alleged here that she was not such a concubine, but this position was not taken up in the courts below. There was a suit for partition between the defendant and his brother. That suit was referred to arbitration, and while the case was before the arbitrators the parties put in a razinama in pursuance of which an award was passed, and the award afterwards passed into a decree. According to this razinama the defendant and his brother agreed to give a certain quantity of paddy every year for plaintiffs maintenance. The plaintiff seems to have instituted a prior suit (i.e., prior to the present one) against the defendant for the paddy due to her according to this agreement between the defendant and his brother, and that suit was settled by a compromise. But what the terms of th

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