SUBRAMANIYA PILLAI Vs. DHANABAGYATHAMMAL AND ANR.

JUDGEMENT

(1.) THIS is a second appeal preferred against the decree and judgment of the learned District Judge of Tiruchirapalli in A.S. No. 216 of 1953, confirming the decree and judgment of the learned Subordinate Judge of Tiruchirapalli in O.S. No. 29 of 1951.

(2.) THE suit property originally belonged to Parimana Pillai who died in 1916 according to P.W. 1, or about 1923, surviving him his wife Kamakshi who died between 1943 and 1946 and three daughters, Pappathi and Sornathammal, who are alive, and Meenammal who died in July -August, 1948. The first defendant Dhanabagyam is the daughter of that Meenammal in whose favour Meenammal has bequeathed the suit property. The plaintiff is the son of Pappathi, examined as P.W. 2 in this case. The other daughter Sornathammal is married to Vythilingam (D.W. 2) and has no issue.

(3.) BEFORE the death of Meenammal, she executed a will bequeathing the suit property to her daughter, the first defendant. The will is Exhibit B -3, dated 4th July, 1948. Meenammal died in July -August, 1948. On the death of Meenammal, her sisters who had parted with their interests in the suit property under the family arrangement spoken to above, started laying claim to the suit property and raised a dispute with the first defendant. On account of Exhibit B -2 staring on their face, they resorted to the device of executing a so -called surrender deed Exhibit A -3, dated 27th October, 1948, in favour of the son of Pappathi, viz., the plaintiff. The plaintiff then started giving trouble to the first defendant and filed the suit, out of which this second appeal arises, for a declaration that the suit property belonged to him and for recovery of possession of the same.