ABIRAMI Vs. MATHINAN AND ANR

JUDGEMENT

(1.) This second appeal is filed by the second plaintiff in O.S. No. 215 of 1975 on the file of the District Munsif of Kumbakonam challenging the legality and correctness of the Judgment of the Subordinate Judge of Kumbakonam in A.S. No. 138 of 1976.

(2.) The facts of the case are briefly as follows: One Sivanandi Servai died in the year 1928. The appellant Abirami, the second plaintiff in the suit, is the daughter of Swaminathan who is the daughter's son of Sivanandi Servai through his daughter Alamelu. The second respondent in this second appeal Dandayuthapani, the first plaintiff in the suit, is the daughter's son of Sivanandi Servai through his another daughter Nagammal. Apart from the two daughters Alamelu and Nagammal, Sivanandi Servai had a predeceased son by name Subramanian. Subramanian at the time of his death left his widow Chellammal who is not a party to the suit. Subramanian had a son Adimoolam through his wife Chellammal and he died at the age of three, thus pre-deceasing Subramanian. The relationship is fully set out in the undermentioned genealogical table.

(3.) One year after the death of Sivanandi Servai in the year 1928, there was a family settlement in respect of the properties left by him between Chellammal, his daughter-in-law Alamelu his daughter and Swaminathan, his daughter's son and Nagammal his another daughter and Dandayuthapani, her son, as per Ex.A-1, the original of which is Ex.B-19. According to the said settlement, the A schedule properties mentioned in the said document were given to Chellammal for enjoyment during her lifetime and after her lifetime, the properties are to revert back to the two daughters of Sivanandi Servai, namely Alamelu and Nagammal. The properties set out in B schedule to Ex.B. 19 were given absolutely to the two daughters Alamelu and Nagammal. Alamelu died leaving a son Swaminathan who also died leaving his only daughter the second plaintiff. Nagammal, the other daughter of Sivanandi Servai, died leaving her only son Dandayuthapani, the first plaintiff in the suit.