A.S.No.905 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

A.S.No.905 of 2018

1.Saravanan

2.Venkatachalam

.. Appellants

Vs.

1.Semmayee

2.Poonkodi

3.Murugan

.. Respondents

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.

For Appellant

: Mr.C.Jagadish

For Respondent

:

(For R1 & R2)

: Mr.K.Siva Subramanian

(For R3)

: No Appearance

Page 1 of 19

https://www.mhc.tn.gov.in/judis

A.S.No.905 of 2018

J U D G M E N T

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 tha