1. The land in dispute formed part of the emoluments attached to the office of Maniem in a Government village.

2. The second defendant formerly held the office, but having been found guilty of embezzlement he was dismissed. The land was a few years afterwards enfranchised in favour of his wife, Ellammal, since deceased. With reference to the issue remitted for trial, viz., what right, if any, and under what circumstances the land was en. franchised in favour of Ellammal, the District Judge states in effect that the evidence does not enable him to do more than find that the enfranchisement took place because Ellammal was in possession of the land at the time.

3. The District Munsif gave a decree to the plaintiff, being of opinion that she, as the unmarried daughter of Ellammal, was her heir and entitled to the property. But the District Judge on the strength of an observation contained in Section 616 of Mnynes Hindu Law, held that the property, though acquired by Ellammal, became on her death the second defendants in his sole right and that the plaintiff had no title to it.

4. The chief authority relied on in support of the lower appellate Courts decision is a text of Kafyayana