Monday, May 24, 2021

Ramnad Zamin Case in 1882

 Ramnad Zamin Case in 1882


The Ramnad Zamindar and another vs Doraisami 


Madras High Court (1882) ILR 7 Mad 341

Bench: Justice C.A.Turner and Justice Kt. Kindersley


Sivasami Thevar claimed the zamindari of Ramnad. But he released his right over the Ramand Zamindari on a compromise. As per the compromise, certain villages and a monthly allowance of Rs.200 were agreed to be paid to Sivasami Thevar. Hence Sivasami Thevar released his claim over the said zamindari.


Later, Sivasami Thevar died on 1st July 1861 leaving his widow Kolathai Nachiar. But one Doraisami claimed that his mother Ramamani Ammal was also another wife to Sivasami Thevar and through him Doraisami and one daughter were born.


The first wife Kolanthai Nachiar claimed that she alone was the wife of Sivasami Thevar. Hence the second wife Ramamani Ammal filed a suit in 1864 at District Court of Madura (Madurai) to establish her right as a widow and Doraisami as her son and a daughter (since deceased) through Sivasami Thevar.


The first wife Kolanthai Nachiar claimed that the second wife Ramamani Ammal was a dance girl and not the legally wedded wife of Sivasami Thevar. 


Meanwhile, the Ramnad Zamindar stopped the allowance given to Sivasami Thevar. The Ramnad Zamindar claimed that the monthly allowance paid to Sivasami Thevar was the personal allowance paid to Sivasami Thevar and therefore on his death, the legal heirs were not entitled to it. But the Court overruled the Zamindar’s stand and decreed the suit in favour of first wife Kolanthai Nachiar.


Whether the second wife Ramamani Ammal and her son Doraisami were the legal heirs of the deceased Sivasmai Thevar was a question to be decided.


First wife Kolanthai Naichiar claimed that the second wife Ramamani Ammal was a dancing girl attached to Thiruchuli temple and if at all any marriage with Sivasami Thevar it would not be a valid one.


Number of witnesses were examined. They adduced that a marriage having been celebrated between Ramamani Ammal and Sivasami Thevar. On the death of Sivasami Thevar, his mother treated the said Ramamani Ammal as a lawful wife of Sivasami Thevar. In the presence of Sivasami Thever’s mother, Ramamani Ammal Thali (sacred thread) was removed and replaced by a gold chain, as is usual in the case of widows who have been married.


Hence the Madras High Court allowed the claim of Ramamani Ammal and her son Doraisami as wife and son of the deceased Sivasami Thevar and entitled to the estate of the deceased Sivasami Thevar.







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