ARUMUGA GOUNDAR Vs. NATCHIMUTHU PILLAI AND ORS.

JUDGEMENT

(1.) THIS is an appeal arising from the decree and judgment of the learned Subordinate Judge, Dindigul, in A.S. No. 21 of 1954, confirming the decree and judgment of the learned District Munsif, Dindigul, in O.S. No. 72 of 1953.

(2.) KUPPANNA Pillai, Ammayappa Pillai and Arumugham Pillai were three brothers who effected a partition 25 years ago. The lands in suit fell to the share of Arumugham Pillai. Plaintiffs 1 to 3 are the sons of Kuppanna Pillai. Plaintiffs 4 and 5 are the sons of Ammayappa Pillai. Arumugham Pillai died in 1949, leaving defendant 1, his widow, as his heir. Defendant 1 has mortgaged the suit lands in favour of defendant 2 by a deed, dated 3rd February, 1953 for Rs. 2,500.

(3.) DEFENDANT 1 remained ex parte. Defendant 2 contested the suit on the ground that the mortgage was validly executed by the widow for purposes binding upon the estate.