CHINNATHAYI Vs. KULASEKARA PANDIYA NAIKCER

JUDGEMENT

(1.) THESE eight appeals arise out of a common judgment of the High court of Madras dated the 30/10/1945, given in seven appeals preferred to it against the judgment of the District Judge of Madura in four suits, O.S. Nos. 2, 5, 6 and 7 of 1941, all of which related to the zamindari of Bodinaickanur `in the Madura district and the properties connected therewith. The appeals were originally before the Privy council in England, some by leave of the High court and others by special leave and are now before us for disposal.

(2.) THE zamindari of Bodinaickanur is an ancient impartible estate in the district of Madura, owned by a Hindu joint family. THE genealogical tree of the family is as follows :-- <IMG>JUDGEMENT_29_AIR(SC)_1952Image1.jpg</IMG>

(3.) THE third suit, O.S. No. 6 of 1941, was brought by Rajaya of the third branch on 27/08/1941, for possession of the zamindari, Boothipuram village and the pannai lands, against Kulasekara of the fourth branch and the two plaintiffs in suit No. 2 of 1941, on the allegation that under the rule of lineal promogeniture he was the person next entitled to succeed to the zamindari after the death of Kamaraja II.