KRISHNASWAMY REDDIAR Vs. MUTHU REDDIAR

JUDGEMENT

(1.) This letters Patent appeal is directed against the judgment of Mohan J. dismissing A.S. No 142 of 1973 (Pondicherry), Preferred against the judgment and decree in O. S. No. 5 of 1972 on the file of the principal District Judge, Pondichery.

(2.) The suit properties originally belonged to one Thirumalai Reddier of Thirubuvanai in Pondicherry State. He had five daughters and one son. One of his daughters is one Kumudavalli who was married in 1930 to one Venkatakrishna Reddier of Kanjanur in Gingy taluk within the State of Tamil Nadu, Thirumalai Reddier by a deed dated 27-6-1933 donated the suit properties to his daughter, Kumudavalli, Kumudavalli died issueless on 23-11941, leaving behind her husband, Venkatakrishna Reddier Andalammal, one of the sisters of Kumudavalli, claiming that she is the heir of Kumudavalli, sold the suit properties to one Krishnaswami Reddier on 16-5-1960. Coming to know of the said sale by Andalammal, Venkatakrishna Reddier claiming to be the sole heir of Kumudavalli had in his turn sold the properties to one Muthu Reddier on 19-3-1962.

(3.) Subsequent to his purchase, Muthu Reddier filed a suit in the court of first instance under French procedure by assignation dated 19-7-1962, for a declaration of his title to the properties and possession against Krishnaswami Reddier and Andalammal. Muthu Reddiar's case in his suit was that Kumudavalli, the original owner of the property, having been a Hindu residing within the French territory, on her death in the year 1941, the properties devolved only upon her husband under the customary law applicable to Hindus in French Territory and that, therefore, Venkatakrishna Reddiar had validly sold properties to him. The case of defendants 1 and 2 Krishnaswami Reddiar and Andalammal was that Kumudavalli ceased to be a French national and became an Indian national as a result of her marriage with an Indian citizen and therefore her properties situate in French territory were subject to French law relating to foreigners and not by the customary Hindi Law as alleged by Muthu Reddiar.