ESWARAMURTHY DIED Vs. MURUGAPPA GOUNDER DIED

JUDGEMENT

(1.) THERE are four appeals and one of cross-objection.

(2.) THE genealogy of the parties to these proceedings must be first taken note of. THE suit properties belong to one Kavundammal. She had three daughters, viz., Palaniammal, Velammal and Thayammal. Thayammal died in 1979.

(3.) AS regards the settlement deed, which is marked as Ex.A-1, it has been attested by one Palani Gounder and one Venkataraman Thevar. This ws executed in 1958 itself. P.W.7 has given evidence regarding the execution of the settlement deed. The learned senior counsel would submit that two factors would clinchingly prove that the settlement deed had come into effect. One is, the settlor herself mentions the settlement deed in the he Will and this is 11 years after Ex.A-1 and two, Ex.B-26, which is the extract of the proceedings of the record of Tenancy Tahsildar shows the name of Thayammal as "owner" for the relevant survey number. This is enough to show that Ex.A-1 had come into effect. There was no occasion for Thayammal's name to be found as the owner of the property if it was not common knowledge that Ex.A-1 had come into effect.