GANAPATHY SUBRAMANIAN Vs. GANAPATHY SUNDARAM

JUDGEMENT

(1.) Aggrieved over the dismissal of the suit filed for declaration and recovery of possession, the present appeal came to be filed by the plaintiffs.

(2.) For the sake of convenience, the parties are referred to herein, as per their own ranking before the Trial Court.

(3.) The brief facts, leading to the filing of this Appeal, are as follows:- The suit properties except item Nos.15, 16 and 17 of I schedule originally belonged to one Umaiorubagam Pillai, S/o.Malaiyappa Pillai. The said Umaiourbagam Pillai executed a Will in favour of his sister's son viz., Anantham Pillai and Meenakshisundaram Pillai. Therefore, the said Anantham Pillai and Meenakshisundaram Pillai become entitled to the properties. The said Anantham Pillai has also purchased item Nos.15, 16 and 17 of I schedule of the suit property out of his own income. Anantham Pillai died on 21/6/1959 leaving behind his widow Ulagammal and his son Balasubramanian as his legal heirs. The said Ulagammal, who endured the deaths of her six children in quick succession and her husband also died and her only son Balasubramanian also died on 10/8/1959. She was terribly upset by her solitude. There is a special customs among the Pillai community people that womenfolk shall not go out of home and any public place is a taboo for them. A widow does not see any male other than her brothers and sons. After the death of her husband and son, Ulagammal was in utter solitude and had to depend for everything in her life upon her brothers L.S.Anantham Pillai and L.S.Subramania Pillai, sons of Lakshmana Pillai. The other man who was closely known to her was her sister's son-in-law Sri Sethu Ramasamia Pillai. Ulagammal was illiterate and lacked social interactions.