AROKYATHAMMAL Vs. MOOKAYEE ALIAS AROKYATHAMMAL

JUDGEMENT

(1.) THIS is a second appeal preferred against the decree and judgment of the learned Subordinate Judge of Pudukottai in A. S. No. 20 of 1955 modifying the decree and judgment of the learned District Munsif of Pudukottai in O. S. No. 232 of 1953.

(2.) THE facts are within short compass and they raise an interesting point of law. Items 1 to 4, 6 to 12, 14 to 20. 22 to 27, 30, 36 and 37 of the plaint A schedule which will hereinafter be referred to as the disputed properties belonged to innasimuthu, a Roman Catholic Christian. He married the plaintiffs mother as his first wife and begot the plaintiff. Subsequently he married the first defendant as his second wife and begot a son, Savarimuthu. Innasimuthu died in 1936 leaving him surviving his two widows, Savarimuthu, his son by the second wife and the plain-tiff, his daughter by his first wife. It is common ground with the parties in appeal that though Innasimuthu was an indian Christian, he was governed, at the time he died, by Hindu law not only in the matter of intestate succession but also with reference to marriage. In this connection, it may be remembered that some sections of the Indian Succession act relating to intestate succession were alone introduced in Pudukottai by means of the Christian Intestate Regulation of 1938. However Innasimuthu died before the introduction of this Act. It would follow from this that the first defendant must be regarded as the legally wedded wife of Innasimuthu, though she was the second wife and Savarimuthu, her son, must be regarded as his legitimate son; and it must be held that savarimuthu became owner of Innasimuthu's estate upon the latter's death. But by the time of his death the Pudukottai State had merged in the Madras territory and the provisions of tho Indian Succession Act had been extended to Pudukottai.

(3.) AN interesting question which has arisen is as to who succeeded to the estate of savarimuthu who was an Indian Christian and was governed at the time of his death by the Indian Succession Act. He left surviving him the first defendant, his mother and the plaintiff, his half-sister. Section 43 of the Indian Succession Act provides that