KAMULAMMAL Vs. TBKVISVANATHASWAMI NAICKER

JUDGEMENT

(1.) This is an appeal from a decree dated October 26, 1915, of the High Court of Judicature at Madras, which varied a decree dated October 14, 1905, of the Court of the Subordinate Judge of Madura.

(2.) The case started as far back as April 25, 1902, and is one of much detail in which numerous issues have been raised; but the points now in contest have been reduced to two, and it will only be necessary to set forth so much of the complicated story as relates to them.

(3.) In December, 1888, Kamaraja Pandiya Naicker, the Zemindar of Bodinaickenur, a Sudra by caste, died, and there survived him (among others) his illegitimate son the original plaintiff in the suit, his wife the original first defendant, his daughter the second defendant, and certain collateral agnates who are parties to the suit. Re left no legitimate male issue. The appellant set up a paper-writing as her husband's last will. Both Courts have held it not proved. Though this finding has been questioned in the appellant's ease, its propriety is, in their Lordships opinion, concluded by the concurrent findings of the Courts in India. And so the only point left for decision is whether the plaintiff, as the sole illegitimate son of the late Zemindar, was entitled as against the appellant, the lawfully-married widow, to a one-third or a one-half share in the personal or self-acquired properties of the Zemindar.