VEDACHELA MUDALIAR Vs. SUBRAMANIA MUDALIAR

JUDGEMENT

(1.) The two actions which have given rise to the present consolidated appeal relate to the inheritance of one Sankaramurthi Mudaliar, a Hindu inhabitant of the Tinnevelly District in the Madras Presidency, subject to the law of the Mitakshara as recognized in the Dravida country. The question for determination is of considerable importance and their Lordships cannot help regretting that, owing to the non-appearance of the respondents, it has been heard ex parte. Sankaramurthi died in 1900 without leaving any male issue or a widow. Consequently, on his death his mother, Vedammal, who was alive at the time, succeeded to his estate. She held the property until her own demise in 1910. Thereupon the two claimants, Subramania (since deceased) and Vedachela, came forward alleging title as bandhus to Sankaramurthi's inheritance, each claiming by virtue of his relationship to be preferentially entitled.

(2.) The following table will show the position in which they stand to each other and to Sankaramurthi:-

(3.) Subramania brought his action on January 27, 1911, in the Court of the Subordinate Judge of Tinnevelly in which Vedachela was impleaded as the tenth defendant. The other defendants appear to be mainly assignees from Vedammal. Vedachela brought his suit shortly after, Subramania being the principal defendant.