O MEENAKSHIA PILLAI Vs. M KOODAYEE AMMAL

JUDGEMENT

(1.) The above two appeals have been preferred against a common judgment, by the plaintiff in A.S. No.681 of 1984 and the first defendant in A.S. No.1146 of 1986.

(2.) The first suit O.S. No.235 of 1981 for a partition was decreed by the learned Subordinate Judge. The second suit O.S. No.469 of 1981 was for a declaration that the plaintiff is the sole trustee of the family trust and for possession of the items of the suit property. The second suit was dismissed and the appeal is against this common judgment.

(3.) The facts of the case are stated hereunder. The parties are described as per their rankings in the partition suit. The plaintiff-Koodayee Ammal's husband Muthukinglinatha Pillai and the first defendant O.Meenakshia Pillai are brothers and sons of one Oorkavalan Pillai. For better appreciation, the genealogy of the parties is given below : <FRM>B.21.570.1205.htm</FRM> The suit properties are claimed to be the self-acquired properties of Koodayee Ammal, the second wife of T.V. Meenakshia Pillai. Koodayee Ammal executed a trust-dharmam settlement under Ex.B.13 dated 20.8.1943. As per this settlement, Koodayee Ammal appointed herself as trustee for performing the dharmam of poor feeding in the month of Margazhi on the Egadasi Day at the Bajanai Madam and also to perform pooja of her family deity in Keelamuthu Kinglinatha Swamy Kovil at Arukkanedi. Pongal was prepared everyday in the month of Margazhi and was to be offered to the God and then, to the devotees. She appointed herself as a trustee during her lifetime and thereafter, her grandchildren namely O. Meenakshia Pillai and Muthu Kinglinatha Pillai to continue the performance of poojas. Until they attain majority, their mother Poochendu @ Koodayee Ammal was to look after and perform the poojas. The trust deed prohibited alienation of the properties. There were seven items of properties covered under the trust deed, including the house properties referred as suit properties in these suits.