NATESA REDDIAR Vs. SARADHAMBAL

JUDGEMENT

(1.) This second appeal has been posted before the Full Bench as the constitutional validity of the Tamil Nadu Hindu Women's Right to Property (Extension to Agricultural Lands) Act (Act 26 of 1974) has been challenged by the appellants herein.

(2.) The first respondent herein filed the suit O.S. No. 169 of 1971 on the file of the District Munsif, Kancheepuram seeking partition and separate possession of her alleged 1/4th share in the suit properties which consisted of two houses and certain agricultural lands. Her case was that her deceased husband Elumalai Reddiar, defendants 3 and 4, one Kannappa Reddiar, the husband of the second defendant and father of the first defendant and one Devendran were members of a Hindu Joint Family, that the plaintiff's husband died in the year 1947, that Devendran died in the year 1948 but that the family continues to be joint and therefore she is entitled to claim 1/4th share as the widow of the deceased coparcener, Elumalai Reddiar.

(3.) The suit was resisted only by defendants 2 and 3. Their case was that after the death of the two co-parceners, Elumalai Reddiar and Devendran, there was a partition in the year 1948, that in that partition defendants 1 and 2 defendant 3 and defendant 4 were given a 1/3rd share each in the joint family properties and the plaintiff was given the income from survey No. 449/1 comprising of 90 cents towards her maintenance and that the plaintiff was a willing party to the said partition arrangement. They also contended that in any event the plaintiff cannot claim a share in the agricultural properties on the basis of the provisions of Tamil Nadu Act 26 of 1947 as the same is constitutionally invalid.