PONNAMMAL Vs. R SRINIVASARANGAN

JUDGEMENT

(1.) The only question for determination in this appeal, by leave of the High Court of Judicature at Madras, is whether the transaction dated the 18th July 1934 is binding on the plaintiffs, respondents in this Court. It is not disputed that if that transaction characterized as a family arrangement and evidenced by Ex. D-1 is binding on the plaintiffs, the suit must fail, as held by the trial Court in its judgment date the 15th July 1943.

(2.) Rangaswami Iyengar, who died in 1894, and Doraiswami Iyengar, who died in 1948 and who was the first defendant in the suit giving rise to this appeal were divided brothers. Rangaswami died leaving him surviving his widow Ranganyaki Ammal and his infant son Krishnaswami, who died in 1895-96 unmarried. Ranganayaki thus succeeded to her son's property as a limited owner. She held the property until her death on the 29th October 1933.

(3.) In the meantime, the Hindu Law of Inheritance (Amendment) Act, II of 1929 (which will be referred to hereinafter as "the Act") was passed by the Indian Legislature. It came into force on the 21st February 1929. As a result of this legislation, a son's daughter, daughter's daughter sister and sister's son became entitled to succeed to the property of a Hindu male governed by the Mitakshara School, not held in coparcenary and not disposed of by will.