DEVIKARANI Vs. SRINIVASA IYER

JUDGEMENT

(1.) The above second appeal is directed against the judgment and decree dated 15.11.1990 rendered in A.S.No.25 of 1990 by the Court of Subordinate Judge, Nagapattinam thereby reversing the judgment and decree dated 5.5.1989 rendered in O.S.No.343 of 1982 by the Court of District Munsif, Thiruvarur.

(2.) Plaintiff is the appellant herein. She filed the suit before the trial Court for partition and separate possession of her 5/12th share in 'A' schedule house property by metes and bounds and for future profits from the date of plaint till delivery of possession with future interest and for costs on averments such as that the property mentioned in 'A' schedule originally belonged to one Velu Pillai, who died in 1938 and the property described in schedule 'B' represents one half of the 'A' schedule property; that the said Velu Pillai had three daughters viz. Sengamalam, Govindammal and Packiri Ammal; that the said Velu Pillai executed a Will in a sound disposing state of mind on 29.4.1914 and it was his last Will and testament thereby dividing the 'A' schedule house into two halves and bequeathing the 'B' schedule property (it is also the 'B' schedule property in the Will) in favour of Govindammal and her son Govindasamy and the other half was given to his another daughter Packiri Ammal under 'C' schedule to the Will; that the testament directed that the 'B' schedule property bequeathed to Govindammal and her son Govindasamy should be enjoyed by them without any powers of alienation and after their death, the same should be taken by her heirs that Govindasamy predeceased Govindammal; that even though Govindammal had only a life estate, she executed a settlement deed in favour of her grand daughter Rajalakshmi, who in turn sold the property to the vendor of the defendant viz. Lakshmi Bai.

(3.) The plaintiff would further submit that Govindammal had three daughters viz. Annapoorani, Kamalambal and Pattammal and the said Rajalakshmi is the daughter of Pattammal; that Annapoorani, one of the daughters of Govindammal, filed a suit in O.S.No.222 of 1974 on the file of the Court of District Munsif, Tiruvarur for possession of her 1/3rd share in the 'B' schedule property against Rajalakshmi, Lakshmi Bai, Kamalambal, Pattammal and Sanbahavalli Ammal who were interested in the suit property and she lost the said suit both in the trial Court and the first appellate Court; that thereupon the said Annapoorani preferred a Second Appeal in S.A.No.660 of 1970 before this Court wherein the defendant in the present suit got himself impleaded as the 6th respondent and since the said Annapoorani died during the pendency of the said Second Appeal, her daughter and son Gowri Ammal and Dakshinamurthi were impleaded as appellants and this Court, by its judgment dated 2.2.1973, held that Govindammal had only a life estate in the 'B' schedule property and that she had no right to execute a settlement deed in favour of Rajalakshmi and granted a decree for 1/3rd share in the 'B' schedule property in favour of Annapoorani's daughter and son Gowri Ammal and Dakshinamurthi and the said decree is binding on the defendant as he was a party to the same; that it was further held insofar as the property bequeathed to Packiri Ammal is concerned ('C' schedule to the Will) that no limitation was imposed on Packiri Ammal and the defendant appears to have purchased that portion of the property (one half) from Packiri Ammal or her descendants and therefore no relief is sought for in the present suit in respect of the one half bequeathed to Packiri Ammal.