LexSARASWATHI AMMAL versus JAGADAMBAL AND ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
• - S.C.R. SUPREME COURT REPORTS 939 indicated thei;e have been many transfers and de- volutions and the landlords have accepted rent from the transferees or the successors. The names of :Nirs. Cynthia Mills and Dobson and Jones were muta- ted in the Zamindar's Sherista. Although in the rent receipts Dobson continued to be shown as the recorded tenant, eventually Jones's name appears on the rent receipts as tenant. In spite of the increase in land value and the letting value the landlords through whom the plaintiff derives his title did not at any time make any attempt to eject the tenant or to get any further enhancement of rent since 1860. All these circum- stances put together are explicable only on the hypo- thesis of permanency of the tenure and they irresis- tibly lead to the conclusion, as held by the lower Courts, that the tenancy in question was heritable and a permanent one. The decision of Mukherjea, J., in the case of Probhas Chandra JY!allick v. Debendra Nath Das (supra) is definitely in point. In this Yiew of the matter we hold that the Courts below were right in dismissing the plaintiff'.s claim for ejectment. In the result this appeal must fail and we dismiss it with costs. Appeal dismissed. Agent for the appellant: P. K. Ghose. Agent for the respondent : Sukiimar Ghose. SARASW' ATHI AMMAL v. JAGADAMBAL AND ANOTHER. [MEHR CHAND MAHAJAN and S. R. DAS JJ.] Hind11 la•v-S11ccession-Dancing girls of Sonth India- Whether dasi dauqhter excludes niarried dau,ghters-Uu.ston1,-Na tu re of evidence necessar·y to prove custo1n-- Hindu, law--Rulc preferring 1naidens to 11ia1-ried daughters, whether avplies to JJrostitute daughters. The evidence on record did not establish the custom which bad been pleaded, namely that among the community of. do.sis • 1953 Bejoy Gopal Mukherji v. Pratul Oha.ndrct Ghose. DasJ. 1953 Feb. 27. • 1903 · Baraswathi · Ani1nal v. J agada1nbal and Anothe·r. 940 SUPREME COURT REPORTS [1953) (dancing girls) in South India a dasi daughter succeeded to her mother in preference to the married daughters; ~nd in the absence of such custom, succession to a dasi must be governed by the rule of propinquity of Hindu law as a rule of justice, equity and good conscience and dasi daughters and married daughters \Vonld suc- ceed to their mother's property in equal shares. A rule that degraded relations are preferential heirs to unde- gro .. ded ones cannot be evolved merely on logical grounds; the existence of such a rule can only be justified on the basis of esta- blished custom. Custom cannot be extended by analogy. It must be establish- ed inductively, not deductively, and it cannot be established by a priori methods. It cannot be a matter of mere theory but must always be a matter of fact and one custom cannot be deduced from another. Shanmngathammal v. Gomathi Ammal (6 Nl.L.J. 861), distin- guished. N'uasanna v. Gang" (I.L.H. 13 Mad. 133), Snbbaratna Mudali v. Balokrishna Naidu (33 1I.L.J. 207), Subbaraya Pillai v. Rmnaswami Pillai (I.L.R. 23 llfacl. 171), Balamndaram v. Karnakshi Arnrnal (71 11.L.J. 785), and Abdtil Hnsein Khan v. Sama Dero (I.hl\. 45 Cal. 450: P .C.) referred to. The rule of Hindu law by which a maiden is a preferential heir to her married sisters does not apply to daughters who are admittedly married to an idol and lead a life of prostitution. Tara v. Krishna (I.L.R. 31 Born. 495) referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 105 of 1952. Appeal from the Judgment and Decree dated the 16th September, 1949, of the High Court of Judicature at Madras (Snbba Rao and Chandra ReddiJJ.) in Appeal No. 162 of 1946 arising out of Judgment and Decree dated the 30th November 1945 of the Court of the Subordinate Judge of Tanjore in Original Suit No. 34of1945. S. Ramachandra Iyer, for the appellant. 'l'. R. Srinivasan, for the respondents. 1953, February 27. The Judgment of the Court was delivered by - MAHA.JAN J. - One Thangathammal who was a dasi (dancing girl) lived in the Tanjoro district in Madras State and died possessed of some properties. She left her surviving three daughters, Saraswathi,Jagadambal and Meenambal. Jagadambal filed the suit out of which • • ,.. ., .. 8.C.R. SLTPREME COURT REPORTS 941 this appeal ari~es against her sisters for partition of the movable and immovable properties set out in the pbint and for allotment of a thin! share to her therein. 8he
Excerpt shown. Read the full judgment & AI analysis in Lexace.