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1963 Supreme(Mad) 146

SRINIVASAN, VENKATADRI
Thulasi Ammal (minor) by mother and guardian Kannu Ammal – Appellant
Versus
Gowri Ammal and others – Respondent


Advocates Appeared:
R. Sundaralingam, for Appellant; K.S. Desikan and K. Raman, for Respondents.

Judgement

SRINIVASAN, J. :- This is an appeal from the judgment and decree of Ramakrishnan, J.,*reversing the judgment and decree of the learned Subordinate Judge of Mayuram. The facts are briefly these. The appellant here was the second plaintiff in the suit. She is admittedly the daughter of Periasami, deceased by his second wife, which marriage was contracted during the subsistence of a valid marriage, with the first wife, the first respondent herein. The suit was laid by the second wife, as well as the appellant, her daughter for a declaration of title and for recovery of possession of half the estate of Periasami. The learned District Munsif who tried the suit held that the first plaintiff had contracted a wholly void marriage by reason of Section 5(1) read with Section 11 of the Act XXV of 1955. In so far as she was concerned, her claim in the suit was rejected. In the case of the second plaintiff, the daughter born of such a void marriage, however, the learned District Munsif apparently took the view that she was entitled to a share in the property. On appeal, the learned Subordinate Judge of Mayuram accepted that conclusion as correct, being of the view that Section 11 of th





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