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2023 Supreme(Mad) 959

S. M. SUBRAMANIAM
Saravanan – Appellant
Versus
Semmayee – Respondent


Advocates Appeared:
For the Appellants : Mr. C. Jagadish.
For the Respondents: Mr. K. Siva Subramanian.

JUDGMENT :

(Prayer: Appeal Suit is filed under Section 96 of the Civil Procedure Code, to set aside the judgement and decree dated in O.S.No.30 of 2014 on the file of the II Additional District Court, Salem, dated 06.10.2017.)

1. The lis on hand raises an important question, whether the tribal women in the State of Tamil Nadu can be excluded from their share in the family property under the Hindu Succession Act, 1956.

2. The facts as detailed in the impugned judgment, broadly are not disputed between the parties and more so, the Trial Court decreed the suit in favour of the plaintiff, who claimed equal share in the family property by instituting a suit for partition. The Trial Court invoked the provisions of the Hindu Succession Act, 1956 and held that the Tribal Women are also entitled for equal share in their family property on par with the other male coparceners and the defendants in the suit has chosen to file the present appeal suit.

3. The suit was instituted by the respondent herein: wife and daughter of Mr.Ramasamy, seeking a partition of the suit mentioned property, which belonged to Mr.Ramar @ Ramasamy. The plaintiffs claimed that they are entitled for 2/5 equal and separat

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