RAMASWAMI GOUNDER Vs. RAMASWAMI GOUNDER AND ORS.

JUDGEMENT

(1.) THESE appeals arise out of a suit (O.S. No. 184 of 1964) filed before the learned Subordinate Judge of Cuddalore for partition of the estate of one Koneri Goundar, who died on or about 8th July, 1926. The plaintiff claims that on 5th July, 1926, Koneri Goundar left his last Will (Registration Copy is Exhibit A -4). After bequeathing two items to his cousin Narayanaswamy (P.W. 2) and the Mariamman Temple, he bequeathed half of the remaining properties to the plaintiff, his sister's son. He bequeathed the remaining half to three persons: (i) Muthuthandava Goundar, son of another elder sister of his, Poornammal; (ii) Natesa Goundar, son of another sister of his, Yasothammal; and (iii) Ramaswamy Goundar, son of his wife's sister, Balammal. The three were to take equally. The Will was to be given effect to after the life -time of the testator and Sowbagyammel, wife of the testator. The plaintiff construes this as a life estate given to Sowbagyammal without powers of alienation. Sowbagyammal died on 4th December, 1962. The suit was laid after her death. The plaintiff claimed a half share given to him directly. Natesa Goundar, was one of the legatees in respect of the remaining he If due after the testator. The plaintiff claims that he and K. Ramaswamy Goundar (first defendant) are the heirs of the said Natesa Goundar, being his Atmabandhus. Natesa Goundar was entitled to 1/3 of the half, that is to say 1 /6 and the plaintiff and the first defendant were therefore entitled to 1/12 and 1/12. Thus the plaintiff claims half as direct legatee and 1/12 as the heir of Natesa Goundar.

(2.) MUTHUTHANDAVA Goundar, one of the legatees is dead and his heir is Adikesava Goundar, the second defendant in the suit. He will be entitled to the 1/6 share of his father.

(3.) THE properties in which the plaintiff claims a share are shown in the 'B' and 'C' Schedules to the plaint, the 'B' Schedule being immovable properties and the 'C' Schedule moveables.