Appeal by special leave from the judgment and order dated September 29, 1966 of the Madras High Court in S.A. No.
Lily Thomas and A. Sreedharan Nambiar, for respondent No.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. This is an appeal by special leave against the judgment of the High Court of Madras in Second Appeal.
Oil appeal the District Judge of Kanyakumari without going into the evidence but on the basis of some earlier decisions allowed the appeal.
She pleaded that as Mathevan Pillai had two wives and she was the daughter by one wife and the 1st defendant the son by the other wife each of them was entitled to a half share.
While under the ordinary pathnibhagam a mans sons by different wives get their shares on the basis that whatever their number the property is divided according to the number of wives he had, rather than, on a per capita basis, the special kind of pathnibhagam pleaded by the plaintiff was that even a daughter was entitled to share on the same basis.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The first respondent is his son by another wife.
The parties belong to the Krishnanvaka Community found mainly in the Kanyakumari district of Tamil Nadu.
The appellant is the daughter of one Ayyappan Mathevan Pillai, who died on 17th January, 1949, by one of his wives, the second respondent.
She filed the suit out of which this appeal arises for partition and possession of a half share in all her fathers properties.
During the appellants minority her mother and the first respondent entered into a deed of partition under which the appellant was given 9 out of 79 items belonging to her father.
1251 of 1967.
Her claim was based on the allegation that in the companymunity to which the parties belong there was a custom of a special kind of pathnibhagam.
T. Harindranath, S. N. Sudhakaran, P. Kesava Pillai and R. Krishna Pillai, for the appellant.
The 1st defendant also sought to sustain the partition deed on the basis that it was the result of a family arrangement.
167 of 1963.
