LAKSHMI AMMAL Vs. RAMACHANDRA REDDIAR

JUDGEMENT

(1.) This is an appeal against the judgment of Krishnaswami Nayudu J. reversing the judgment and decree of the district Judge, Ramanathapuram, in A. S. No. 208 of 1953, which confirmed the judgment and decree of the Subordinate Judge of Ramanathapuram at Madurai, in O. S. No. 32 of 1952.

(2.) One Kandaswami Reddiar and Narayana Reddiar were tow brothers who became divided, a division of the family properties having been effected by metes and bounds in 1947. Kandaswami Reddiar died leaving behind his son Ramachandra Reddiar. Narayana Reddiar had to sons Subbiah and Thiruvengadam and one daughter, Lakahmi Ammal. Subbiah died a bachelor in 1948. Thiruvengadam died on 24-10-1949 leaving behind his widow Alamelu and a daughter Seethammal. Narayana Reddiar had a sister, also named Lakshmi Ammal. After the death of Subbiah and Tiruvengadam, Narayana Reddiar who survived his sons became ill disposed towards his daughter-in-law Alamelu and his grand daughter Seethammal. It is stated that two or three months after the death of Tiruvengadam Narayana Reddiar acting on the evil advice of his sister Lakshmi Ammal and his daughter Lakshmi Ammal compelled his daughter-in-law Alamelu and his minor grand daughter Seethammal to leave his protection and care and to seek refuge in the parents' house of Alamelu Ammal. On 16-8-1950 Narayana Reddiar executed two settlement deeds under the terms of one of which he conveyed and granted a life interest in respect of three items of properties in favour of his sister, Lakshmi Ammal with an absolute vested reminder in them in favour of Ramachandra Reddiar, his divided brother's son. Under the other settlement deed Narayana Reddiar conveyed and settled some other items of property solely in favour of his daughter Lakshmi Ammal.

(3.) Alamelu the daughter-in-law of Narayana Reddiar filed a suit, O. S. No. 64 of 1950 on the file of the Sub-Court, Ramanathapuram impleading Narayana Reddiar as the 1st defendant and the two Lakshmi Ammals, the sister and daughter of Narayana Reddiar, as defendants 2 and 3 challenging the validity of the two settlement deeds aforesaid. Ramachandra Reddiar who got a vested remainder in respect of some items of properties under one of the settlement deeds was not impleaded as a party in that suit. Pending the suit Narayana Reddiar died. There was a compromise between Alamelu, the plaintiff, in that suit and the two Lakshmi Ammals, defendants 2 and 3 in that suit in and by which the three agreed that the two settlement deeds executed by Narayana Reddiar should treated as cancelled, and that the properties comprised therein should be taken by them in accordance with the terms of the razinama which were reduced to writing. It is not necessary to set out the terms of the razinama in detail herein.