Chennai Court July 1923 Judgments
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Ma Than Than Vs. Ma Pwa Thit
Court: Chennai
Decided on: Jul-06-1923
Reported in: (1924)46MLJ334
Lord Parmoor, J.1. The question involved in this appeal is whether the appellant is the keittima adopted daughter of Ko Po Kyaw and Ma Nyun. Ko Po Kyaw died at Edward Street, in Rangoon, on the 27th October, 1916, leaving considerable property, worth from Rs. 1,00,000 to Rs. 1,50,000. Ma Nyun was the first wife of Ko Po Kyaw. The appellant claims that she was adopted as keittima daughter in or about 1893, after the deceased, and his first wife, had been married 16 years without children. The respondent was the fifth of the six wives of the deceased. She was married to the deceased about 1906, was divorced from him about six months later, but resumed living with him after the death of his sixth wife, and was living with him at the time of his death. The appellant was born in 1892, being the daughter of Ma Gyoke, who was a cousin of Ko Po Kyaw, and married to Ko Maung Gale. In the first Court the Judge, Mr. Justice Robinson, gave judgment in favour of the appellant, but this judgment was...
Mudlapur Murari Rao and ors. Vs. Balavanth Dikshit and anr.
Court: Chennai
Decided on: Jul-05-1923
Reported in: AIR1924Mad98; (1923)45MLJ309
1. This suit is a dispute regarding the properties of one Gundu Bhat, who died leaving a minor daughter who survived him only a few days. Plaintiffs claim to be the nearest agnates of Gundu Bhat, while defendants are admittedly his sister's sons. The District Judge found plaintiffs' case to be true, but held that the sister's sons were the preferential heirs. Plaintiff applied for review of judgment on the ground that it has been held in Kamala Bai v. Bhagirathi Bai I.L.R. 38 M. 45, that the agnates are to be preferred to the sister's sons. This ruling had not been brought to the Judge's notice at the original trial and he accordingly revised his original order and gave a decree to plaintiffs. Defendants, appeal both on the merits, and on the ground that it was incompetent for the District Judge to grant a review as none of the grounds mentioned in Order 47, Rule 1, C.P.C. is present in this case.2. On the merits we entirely agree with the District Judge's conclusion that plaintiffs ha...
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