ANNASAMI MUDALIAR Vs. EKAMBARI AMMAL
HIGH COURT OF MADRAS
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(1.) A preliminary objection is raised by Mr. Muthiah Mudaliar who appears for the contesting respondent that the order of the lower court is not appealable; and in order to appreciate the point raised by the learned counsel it is necessary to set forth a few facts.
(2.) ORIGINAL Suit No. 71 of 1947 on the file of the Court of the Subordinate Judge, Vellore, is a suit by one Ekambari Ammal, daughter of one Lokanatha Mudaliar, for partition and recovery of possession of her share in the properties which belonged to her father. Defendants 1 to 3 are the surviving brothers of Lokanatha Mudaliar and the fourth defendant, Manikkammal, is a sister of the plaintiff and a daughter of Lokanatha Mudaliar. According to the plaintiff, it was stated that before the death of Lokanatha Mudaliar there was a division in status of the joint family properties between Lokanatha Mudaliar and his three brothers but that there was no separation by metes and bounds and the property remained joint on that score. The plaintiff therefore stated that in the properties which were the joint family properties, Lokanatha Mudaliar had a one-fourth share and plaintiff as one of the two daughters of Lokanatha Mudaliar is entitled to 1/8th in the whole of the properties.
(3.) THE suit was contested mainly by the first defendant on the ground that before the death of Lokanatha Mudaliar he executed a will by which a fair proportion of his properties was bequeathed in favour of the first defendant. The first defendant admitted that there was a division between Lokanatha Mudaliar and the three brothers and further stated that the division had been completed by metes and bounds with the result that properties were handed over to Lokanatha Mudaliar who had bequeathed them under the will.;
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