ONNAMALAI AMMAL Vs. SEETHAPATHI REDDIAR

JUDGEMENT

(1.) The appellant in this case was the second wife and now widow of one Doraiswami Reddiar, who died on 10-8-1951, aged about 68 years. By his first wife, Kamalakshi Ammal who died in 1936, Doraiswami Reddiar has a son called Sithapathi Reddiar, who is the respondent in this appeal. The appellant was married to Duraiswami in 1938. By O. S. No. 33 of 1945, which was a suit for partition instituted by Sithapathi, the respondent, there was a division of all the family properties between Doraiswami and his only son, Sithapathi. It is admitted that though only a preliminary decree for partition was passed in that case, by agreement of parties all the family properties were divided and since 1945 the father Doraiswami and his son Sithapathi had been in separate enjoyment of the properties which fell to their respective shares in this partition. The suit out of which this appeal arises was instituted by the respondent for partition of the properties mentioned in schedules A to C to the plaint, which admittedly belonged to his father, at the time of his death in 1951.

(2.) The case of the respondent in the plaint was that his father Doraiswami died intestate, and he (the respondent) was entitled to a half share in Doraiswami's properties, the other half going to the appellant.

(3.) This claim was met by the appellant by propounding the Will Ex. B. 1 alleged to have been executed by Doraiswami on 9-8-1951. According to the terms of this Will, Doraiswami left all the properties which he had obtained by partition, to his second wife, the appellant absolutely. Regarding outstandings and moveables comprised in schedules B and C of the plaint, the appellant raised a contest by denial of existence of some of them. It is not necessary for the purpose of this appeal to take any more notice of this contest.