Chennai Court November 1934 Judgments

Thayalai Achi and ors. Vs. Kannammal Alias Ponnammal Achi and anr.

Court: Chennai

Reported in: (1935)68MLJ707

Stone, J.1. This appeal raises two questions : (1) whether one Ponnammal Achi was married in the asura form so that her stridhanam property goes to her brother Nataraja Pillai, (2) whether she took an absolute estate without any executory or other gift over in favour of Nataraja Pillai under the will of her husband Samia Pillai.2. The first question is primarily one of fact. The burden is upon the appellant to displace the presumption that the marriage is in the ordinary form. The learned trial Judge has considered the evidence and the credibility of the witnesses. He has seen the witnesses and we have not. We see nothing in the record to show that his conclusions as to credibility or weight of testimony or evidence is wrong and we see therefore no reason for differing from his conclusion of fact. That conclusion was that it is not proved that Ponnammal Achi was married in the Asura form.3. The second question raises a point on the construction of a will. Points of great complexity can...