MEENAKSHI AMMAL Vs. MURUGAYYA MOOPPANAR

JUDGEMENT

(1.) The question raised in this appeal is whether the illegitimate daughters of a Hindu woman are entitled to succeed to the stridhanamoi their mother's mother, the family being governed by the ordinary Hindu Law and not by rules based on custom as in the case of dancing girls. The appellants are the illegitimate daughters of one Dharmu Ammal, who died on the 27th April, 1921. Dharmu Ammal was the legitimate daughter of one Murugayi Ammal, who left stri-dhanam property. The appellants claim that under Hindu Law they are the nearest heirs of Murugayi, who was also survived by Venkatachalam Chetti, the grandson of her sister. It is common ground that if the appellants are not heirs of Murugayi the person entitled to the property is Venkatachalam.

(2.) The suit out of which this appeal arises was filed by the appellants in the Court of the District Munsif of Tiruvadi with the object of setting aside an alienation of immovable property forming part of Murugayi's stridhanam. The alienation was in favour of the respondent's predecessors-in-title and was made by Venkatachalam on the 20 July, 1910. The District Munsif accepted the appellants contention that they were the heirs of Murugayi and decreed the suit, but his decision was reversed on appeal by the District Judge of West Tanjore. The appellants then appealed to this Court and their appeal was heard by Varadachariar, J., who confirmed the decree of the District Judge. Varadachariar, J., pointed out that the general principle of the Hindu Law was undoubtedly to limit heirship to legitimate issue, but in the case of illegitimate sons amongst Sudras a special exception had been made by the texts. The exception did hot, however, extend beyond the illegitimate sons of Sudras. The fact that Courts had recognised as between a mother and her illegitimate daughter the right of inheritance was no warrant for the extension of sapindaship to other relations.

(3.) It has been argued on behalf of the appellant that the following paragraphs from the Mitakshara, Chapter II, Section 11, should be read as including both the legitimate and illegitimate daughters: (15) On failure of all the daughters the daughters daughters take, under this text, It will go to the daughters if she leaves firogeny, etc, (16) If there be a multitude of these (and if they be) children of different mothers, and unequal in number, shares should be allotted to them through their mothers, as directed by Gautama : Or, according to the mothers, let the special shares (be adjusted) in each case. (17) If there be daughters as well as daughters daughters simultaneously, a tuifle only should be given to the daughters daughters. As has been directed by Manu: Such of the daughters of those (daughters) as may exist even to those, something should be given, as may be fit, from the property of the grandmother, on the score of affection.