KANAKAMMAL Vs. ANANTHAMATHI AMMAL

JUDGEMENT

(1.) The suit out of which this Second Appeal arises was brought by the mother and brother of one Mauikkammal (deceased) to recover, with mesne profits, certain lands belonging to her, which are now in the possession of first defendant, who is the widow of Manikkammal s husband s brother.

(2.) It may be premised that both Manikkammal s husband and his brother (first defendant s husband) predecesed Manikkammal: and that the findings of the lower courts, (a) that the property was of the nature of stridhanam and (b) that Manikkammal s marriage was in an approved form are not now contested.

(3.) The District Munsif dismissed the suit on the ground that first defendant was the proper heir to the suit property: but the District Judge found (1) that first defendant was not an heir at all, (2) that second plaintiff was in the line of succession and (3) that in the absence of any allegation in defendants written statement of the existence of a nearer heir, second plaintiff was entitled to succeed. He accordingly gave a decree for possession of the suit lanas, though without mesne profits, which were not proved.