(1.) WE are of opinion that Muthuvaiyan V/s. Sinna Samavaiyan I.L.R. 28 M. 526 was rightly decided. In the earliar case Naniyana Chettiar V/s. Ghokkappa Mudaliar I.L.R. 25 M. 655, the attention of the Court was not called to Mussumat Bahuns Kowur V/s. Lalla Buhooree Lall 14 M.I.A. 496, WE think Narayana Chettiar V/s. Chokkappa Mudaliar I.L.R. 25 M. 655 must be overruled.
(2.) OUR answer to the question referred to us is in the negative.