GAJAVALLI AMMAL Vs. NARAYANASWAMI MUDALIAR

JUDGEMENT

(1.) THE plaintiffs are the appellants. The first plaintiff is the widow of one govindaswami Mudaliar and the second plaintiff is his daughter. This govindaswami Mudaliar left a son by his first wife and he is the respondent to the appeal and defendant to the suit. Govindaswami Mudaliar died on 21-11-1953. He and his son Narayanaswami (respondent) were members of a joint Hindu family which owned the properties mentioned in the plaint. The suit was brought for partition and possession of a half share in the family properties as the share due to the first plaintiff who claimed her husband's share under the Hindu Women's rights to Property Act, 1937. On behalf of the second plaintiff a maintenance provision of Rs. 20 per month and marriage expenses or Rs. 2000 were asked for.

(2.) THE respondent resisted the suit on the strength of a settlement deed dated 17-12-1953 executed by him in favour of the first appellant which, according to him was the result of a panchayat arrangement. It was pleaded by the respondent that this deed was registered at the instance of the first appellant and was in full settlement of all her claims against her husband's joint family properties. Other defences were raised with reference to the cash dealings, moveables and jewels mentioned in the plaint as joint family properties which it may not be necessary for us to refer to in any detail.

(3.) THE learned Principal Subordinate Judge found that the settlement deed dated 17-12-1953 was binding upon the plaintiffs and not liable to be set aside and consequently he held t hat the suit for partition was not maintainable and dismissed it.