S PANCHANATHAN Vs. ELLAPPAN DIED

JUDGEMENT

(1.) WITH the consent of the parties, these appeals are taken up together.

(2.) THE property situate at old No. 7, New No. 12, Muthu Gramani Street, Periamet, Madras-3, belonged originally to one Jeevarathinam Chettiar. Jeevarathinam Chettiar had a wife by name Rajambal and a brother by name Ponnusamy Chettiar. Jeevarathinam Chettiar died on 15.6.1958. Date of death of Ponnusamy Chettiar is not known. Rajambal was the only heir of Jeevarathinam Chettiar. She was in enjoyment of the property. Ponnusamy Chettiar had two wives, Thayalnayagi and Jayammal. Thayalnayagi's son was one Ellappa Chettiar and Jayammal's daughter was one Kokila. THEy had no other issues. Kokila married one Panchanathan Chettiar, who is the appellant in all these appeals. Ellappa Chettiar is the 1st respondent in the two O.S. Appeals. He died during the pendency of the appeals and his legal representatives have been brought on record as respondents 3 to 6.

(3.) SHE executed another document called a supplemental deed on 7.9.1963. According to that document, one portion of the property was to be taken by Ellappa Chettiar, her husband's brother's son, who should perform the funeral rites to herself and all the monthly and annual ceremonies connected therewith. That portion of the property was described in the B schedule to the said document. According to him, it was to be taken by him for his lifetime and after his lifetime, by his heirs from generation to generation.