PALWANNA NADAR Vs. ANNAMALAI AMMAL

JUDGEMENT

(1.) THIS appeal is directed against the decree and Judgment of Chandra Reddi,- J. , in S. A. No. 835 of 1948 (reported as Annamalai Ammal v. Sundara-thammal, reversing the decree and Judgment of the learned Subordinate judge, Tirunelveli, in A. S. No. 89 of. 1947, affirming the dismissal of O. S. No. 1 of 1946, on the file of the District Munsif's Court, Tenkasi.

(2.) THE suit properties, namely, three and odd acres of dry land and a house belonged to the joint family of Mahalinga Nadar and his sons. This Mahaiinga nadar had married twice, namely, the first defendant's sister as his first wife and the first defendant as his second wife. On account of disputes between the wives the first defendant was living separately. The first defendant had born to mahalinga Nadar the present plaintiff.

(3.) ON 3-2-1921 when the plaintiff was six years old Mahalinga Nadar executed a settlement deed, Ex, P. 1, the relevant portion of Which runs as follows: