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1930 Supreme(Mad) 30

RAMESAM
Komalangi Ammal (Minor) By Her – Appellant
Versus
M. K. Sowbhagiammal – Respondent


JUDGMENT

Ramesam, J.

1. Most of the decisions of all the High Courts are against the appellant. They are referred to by the learned Trial Judge and need not be repeated. The learned advocate for the appellant relies on Hanumantha Rao v. Lctchamma. (1926) I.L.R. 49 M. 960 : 51 M.L.J. 563 This case has been considered by the Trial Judge. It is based on In the matter of the Petition of Bhobo-soonduri Dabee (1880) I.L.R. 6 C. 460 a case which has not been followed in the Calcutta High Court ever since and certain other decisions. The cases in Arakal Bastian Ansap v. Narayana Aiyar (1910) I.L.R. 34 M. 405 and Kishen Dai v. Satyendra Nath Dutt (1901) I.L.R. 28 C. 441 also referred to in it are cases of judgment-creditors of a son of the testator. In Arakal Bastian Ansap v. Narayana Aiyar (1910) I.L.R. 34 M. 405 the will was revoked and it was not necessary to rely on In the matter of the Petition of Bhobosoonduri Dabee. (1880) I.L.R. 6 C. 460 The decision in Brinda Choivdhrain v. Radhica Chowdhrain (1885) I.L.R. 11 C 492 is the case of a widow entitled to maintenance against her husbands estate, the husband being the, alleged testator. I do not see how Kishen Dai v. Satyendra Nath Dutt (19




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