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1917 Supreme(Mad) 135

Subbaratna Mudali – Appellant
Versus
Balakrishnaswami Naidu – Respondent


JUDGMENT

1. This appeal raises an interesting question as to the succession to the property of a woman of the dancing girl caste. The deceased woman Palani inherited the property in dispute from her mother Nagu, who inherited it from her mother Mottai who again inherited it from her father Arunachallam. Arunachallam had two brothers Ramaswami and Mathurbutham and the question is whether Mathurbuthams daughter Seethai or Ramaswamis daughters son Marudamuthu Mudali is the heir of Palani. All the women appear to have followed the profession of a prostitute. That members of this caste are Hindus is certain, though the ancient writers and their modern exponents find some difficulty in fixing them in one of the four castes; but whether they belong to the Suira or fourth caste or to a separate fifth caste is immaterial. That male members of this caste are usually governed by the Hindu Law and usage does not seem to have been questioned; so also when female members marry and have children, as they sometimes do, their family relation is governed by the Hindu Law and presumably the ordinary Hindu Law of Inheritance will govern succession to their properties. At the same time their female chil


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