Annam V. Kathiravelupillai

1948 Present: Wijeyewardene A.C.J. and Jayetileke S.P.J.

ANNAM, Petitioner, and KATHIRAVELUPILLAI et al., Respondents.

S .C. 561-In the matter of an Application for Revision in D. C. Jaffna, 2,650.

 

Thesavalamai-Property derived from the father's side-Right of mother - Persons " above enumerated "-Section 27-Chapter 48-Part III.

Where a woman subject to the Thesavalamai died leaving her mother and cousins on the father's side-

Held, that the cousins were entitled to succeed to property derived from the father's side to the exclusion of the mother.

Held, further, that the mother was not      one of the persons " above enumerated " within the meaning of section       27 of the Jaffna Matrimonial Bights and Inheritance Ordinance.

APPLICATION to revise an order of the District Judge, Jaffna.

S. Sharvananda, for the defendant, petitioner.

H. W. Tambiah, for the plaintiffs, respondents.

 

Cur. adv. vult.

 

August 16, 1948. WIJEYEWARDENE A.C.J.-

This application involves a question relating to the law of inheritance under the Jaffna Matrimonial Rights and Inheritance Ordinance (Legis­lative Enactments, Volume 2, Chapter 48.)

By right of purchase one Saravanaperumal was entitled to three lands: -

(A) Anaivilunthan of the extent of 1 3/8 lachams V.C.

(B) Anaivilunthan of the extent of veedu 1/4.

(C) Payatolai of the extent of 1 1/2 lachams V.C.

I give the names and extents of the lands, as a great deal of confusion has been caused by the manner in which the plaint and the decree referred to the subject matter of this action. I shall refer to these three properties as " A ", " B ", and " C " respectively.

Saravanaperumal died intestate leaving his widow, the defendant, and two daughters, Poompavai and Seethangany, and, thereupon, the defendant became entitled to 1/2 A, 1/2 B, and 1/2 C and each of the daughters to 1/4A, 1/2 B, and 1/2 C. Later, Poompavai died intestate and issueless and her shares of the lands devolved on Seethangany. There is no dispute between the parties with regard to the devolution of title so far.

Seethangany died intestate and issueless in 1941 and leaving her surviving her mother, the defendant, and first, second, fourth, and sixth plaintiffs who are four out of the six children of Visagaperumal, a brother of Saravanaperumal. The remaining two children of Visagaperumal or their descendants are not parties to this action. 

 

Seethangany had also purchased in 1936 another allotment of Payatolai. containing in extent 11/2 lachams V.C. I shall refer to this property as " D ".

At her death Seethangany was, therefore, possessed of: -

(i) 1/4 A, 1/4 B, and 1/4 C as Mudusam " derived from the father's side ". (ii) 1/4 A, 1/4 B, and 1/4 C as Urumai from the sister, which would thus be a part of the " remainder of the estate of the deceased " mentioned in sections 23 and 24.

(iii) D which would also be a part of the " remainder of the estate of the deceased " mentioned in sections 23 and 24.

Click Here to Read the rest of this document