RENGANAYAGI Vs. N.KANDASAMY

JUDGEMENT

(1.) The issue involved in both the second appeals are common and hence they are taken up together, heard and disposed of through this common Judgment.

(2.) The appellant in S.A. No. 77 of 2012 was the plaintiff in the suit and the appellant in S.A. No. 655 of 2012 was the second defendant in the suit. The second defendant sailed along with the plaintiff and both of them are claiming 1/3rd share in the suit property.

(3.) The case of the plaintiff is that the suit property originally belonged to one Neelayadakshi, wife of Subramanian Chettiar by means of a registered settlement deed dtd. 22/7/1959, marked as Ex. A1. This settlement deed was executed in her favour by her brother Thangavel Chettiar. The specific case that was pleaded in the plaint was that her son Ganapathy pre-deceased her. Her husband also pre-deceased her. She died intestate and the plaintiff along with the defendants 1 and 2 were claiming 1/3rd share under Sec. 15(i)(d) and (e) of the Hindu Succession Act, 1956.