KALIAMMA versus JANARDHANAN PILLAI & ORS

KALIAMMA versus JANARDHANAN PILLAI & ORS

The special custom of Pathnibhagam entitling daughters to share has not been established through decisions based on evidence; thus, the appellant's claim fails.

Source-derived case information.

Parties
Appellant: Kaliamma; Respondent: Janardhanan Pillai; Respondent: Second Respondent
Jurisdiction
India
Judgment Date
08 February 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Madras High Court in Second Appeal No. 1670 of 1963
Outcome
Appeal dismissed
Legal Topics
Proof of Special Custom, Pathnibhagam, Customary Inheritance, Reliance on Prior Decisions
Hindu Law Customary Law Proof of Special Custom Pathnibhagam Customary Inheritance Reliance on Prior Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kaliamma

Appellant

Janardhanan Pillai

Respondent

Second Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Madras High Court in Second Appeal No. 1670 of 1963

Legal Issues

  1. 1 Whether a special custom of Pathnibhagam entitling daughters to a share is established in the Krishnavakakkar community

Ratio Decidendi

The special custom of Pathnibhagam entitling daughters to share has not been established through decisions based on evidence; thus, the appellant's claim fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of the 1st respondent to be paid by the appellant.