THEIRY SANTHANAMAL Vs. VISWANATHAN & ORS.

JUDGEMENT

(1.) The property with which this appeal is concerned is described in the suit as 'B' Schedule Property (henceforth, referred to as the 'suit property'). The said suit property originally belonged to Mr. Mariasusai Mudaliar who was grandfather of respondent nos. 3 to 5 and father of Oubegaranadin (since deceased). Mariasusai Mudaliar died intestate on October 23, 1953 leaving behind two sons viz. Oubegaranadin and Simon.

(2.) In 1959, the suit property and other properties which were inherited by the two sons of Mr. Mariasusai Mudaliar, came to be partitioned between them by a registered deed of partition dated March 23, 1959. Under the said deed of partition, Oubegaranadin was allotted certain properties.

(3.) After the partition between the two brothers, as aforesaid, some difficulties in the enjoyment of the allotted properties arose which necessitated the two brothers to exchange between themselves certain properties. Under the Exchange Agreement dated March 15, 1971, the suit property came to be allotted to Oubegaranadi.