MAHALIAMMAN TEMPLE AND VIGNESWARAN KOIL Vs. VIJAYAMMAL

JUDGEMENT

(1.) The first defendant-temple is the appellant. The suit was filed by the respondent-plaintiff for a declaration of her title to the plaint A and B schedule properties. The case of the plaintiff was that the suit properties originally belonged to the joint family of one C. S. Arumugham Pillai and his son Manickam. The plaintiff is the widow of Manickam. Manickam pre-deceased his father Arumugham in the year 1934. Arumugham died in 1946 leaving his widow Sadaichi Ammal, who also died in 1957. Arumugham Pillai died leaving a will Exibit B-11, dated 29th August, 1982. Under the will he bequeathed a life-estate in respect of A Schedule properties in favour of his wife Sadaichi Ammal and the remainder to the first defendant temple with certain directions for the performance of certain charities. In the B Schedule a life-interest was given to the plaintiff and the remainder to the first defendant temple for the performance of the said charities. The case of the plaintiff was that this will was not intended to be acted upon and it was a device to shield the properties from the son of the testator, who was said to be leading a wayward life. It was also the case of the plaintiff that the properties are not the self-acquired properties of Arumugam Pillai, that they were acquired by the joint exertions of Arumugham Pillai and his son Manickam Pillai and in any case, they were treated as the joint family properties for a long time and that therefore the testator had no testamentary capacity for executing the will. There was a further allegation that having regard to the charities to be performed and the amount of income allowed to them, the property itself could not be said to have been given to the temple and that only a charge had been created in favour of the temple for the performance of the specific charities mentioned in the document.

(2.) These were twenty-five defendants, many of whom appear to be tenants in possession of the properties. The first defendant temple is the main contestant in the suit. The case of the first defendant was that all the properties are the self-acquired properties of Arumugham Pillai, that the will was legally and validly executed, that under the document, the entirety of the A Schedule properties was given to the temple after the life-time of Sadaichi Ammal and the B Schedule properties are to be given to the first defendant after the lifetime of the plaintiff.

(3.) The Court below held that the properties were the joint family properties of Arumugham Pillai and Manickam, that the will executed by the deceased Arumugham Pillai was therefore not valid and binding on the plaintiff and in that view, decreed the suit as prayed for. The first defendant has filed the present appeal.