ALAMELU AMMAL Vs. CHELLAMMAL

JUDGEMENT

(1.) THIS appeal has been posted before as for disposal as one of the questions that arise in the appeal is the soundness of the contention that the decision reported in parappa v. Nagamma, (FB) has impliedly overruled the decision reported in Subbarao v. Krishnaprasadam,

(2.) THE facts giving rise to this appeal are as follows: In the village of Kavanoor in south Arcot Dt. there lived two brothers, Chidambaram Pillai and Saminatha Pillai, as members of a joint Hindu family. Chidambaram Pillai is stated to have become insane by about the year 1920 and he died on 6-7-1948 leaving his widow chellammal. Chellammal filed O. S. N. 20 of 1919, on the file of the Sub Court, cuddalore, for partition of the joint family properties claiming rights under the hindu Women's Rights to Property Act, 1937. Saminatha Pillai was the first defendant and his wife and daughter were second and third defendants respectively. Defendants 4 to 15 were alienees from saminatha Pillai. Saminatha Pillai died pending the suit and in addition to the second defendant, his grandsons, defendants 16 and 17 who claimed under a will alleged to have been executed by him were impleaded as his legal representatives. The defendants contested the claim on various grounds which it is now unnecessary to detail.

(3.) THE learned Subordinate Judge of Cuddalore passed a preliminary decree for partition and allotment of a half share to Chellammal in the properties covered by schedules 2 to 5, Defendants 2, 3, 16 and 17 filed this appeal in this court impleading Chellammal as the first respondent and the alienees as other respondents.