RAMAKRISHNA MUTT Vs. M MAHESWARAN

JUDGEMENT

(1.) Leave granted.

(2.) A unanimous verdict of the three Courts below dismissing the suit filed by Sri Ramakrishna Mutt (appellant herein) is in challenge in this appeal.

(3.) The conspectus of the facts would be necessary before we approach further. One Kannabiran Pillai had two wives. The name of his second wife was Kumudammal with whom he had got married before the advent of The Hindu Marriage Act, 1955. As such, she was a legitimate wife. She had no children. The respondents herein are the children, or as the case may be, the legal heirs of the children of the first wife of Kannabiran Pillai. Kannabiran died on 31.12.1956, while Kumudammal died on 18.3.1989. During his lifetime, Kannabiran had executed settlement deeds being Exhibits A-2, A-3 and A-4, wherein, he had created a life interest in favour of Kumudammal. The initial settlement deed was dated 20.10.1938. He created a supplementary deed on 4.3.1939 and a rectification deed dated 23.7.1943. Kumudammal remained in possession of the properties and enjoyed the same during her lifetime, inasmuch as, it was Kumudammal who used to recover the rents. Thus, she was in constructive possession of the property. In those settlement deeds, it was provided that after the demise of Kumudammal, the property would go in favour of the appellant/plaintiff Sri Ramakrishna Mutt.