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1912 Supreme(Mad) 363

Sudalai Ammal – Appellant
Versus
Minor Gomathi Ammal By Her – Respondent


JUDGMENT

1. The suit out of which the second appeal arises was instituted by one of the widows left by a Hindu Nellakannu Konar for possession of the properties which were in the enjoyment of her co-widow the title alleged being that she became entitled to succeed to the property as survivor on the death of her co-widow. The two widows after the death of their husband effected a partition which is evidenced by Ex. A.

2. The most important question in this case is whether according to the terms of Ex. A, the plaintiff was entitled to possession on the death of Shanmugathamrnal her co widow. The two lower Courts have put different constructions upon the document. Its interpretation is not free from difficulty. But after careful consideration of its terms we have come to the conclusion that the construction put by the District Judge, which is against the plaintiff, is correct. The parties to the agreement were the plaintiff and her co-widow, but there can be no doubt that the daughter of Shanmugathammal named Gomathi was an important object of consideration at the time of the arrangement. There had been disagreement between the widows and according to the document mediators were called









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