RAJAGOPAL PILLAI Vs. PAKKIAM AMMAL

JUDGEMENT

(1.) This appeal by certificate of fitness granted by the Madras High Court is directed against a Judgment and Decree of that Court affrming a preliminary decree for partition made by the trial Court. By the said decree the 1/6th share of the first plaintiff in the disputed property was declared. The five defendants were the appellants in the High Court; the fifth defendant, Annavi Pillai, died while that appeal was pending. The appeal in this Court is at the instance of only two of the defendants, Rajagonpal and Somasundaram, the first and the fourth defendant respectively:

(2.) The material facts leading to the suit for partition are these. Annavi Pillai and his five sons, Rajagopal, Akhilandam, Arumugam. Balasubramaniam and Somasundaram constituted a Mitakshara joint family. Admittedly, the joint family had no property of its own until 1946 though Annavi Pillai owned certain self acquired property. On June 5. 1943 Anavi Pillai executed a will leaving his property to four of his sons excluding the first son Rajagopa1 who was left out because. Annavi "was not pleased with his conduct", Some time in the later part of the year 1943 or early 1944 Annavi's third son Arumugam married the first plaintiff, Pakkiam Ammal who is the first respondent in this appeal. On October 11, 1944 Arumugam executed a document described as a deed of release in favour of his father. This document is as follows:

(3.) This appeal turns on the true meaning and scope of this document.