KAMALA BAI AMMAL Vs. PUNYAKOTI MUDALIAR DIED

JUDGEMENT

(1.) THE Second Appeal No. 1321 of 1984 arises out of O.S. No. 3492 of 1975 on the file of V Assistant Judge, City Civil Court, Madras. THE second defendant in that suit is the appellant herein. THE Second Appeal No. 733 of 1991 arises out of O.S. No. 7265 of 1980 on the file of the III Assistant Judge, City Civil Court, Madras, wherein also the very same second defendant happened to be the fifth defendant, who is the appellant in the latter Second Appeal also.

(2.) THE relevant facts are summarised thus: On 20th July 1931 a settlement deed was executed by Veerabadhra Mudhaliar in favour of Periaswami Mudaliar and others. THE said Veerabadhra Mudaliar had a daughter by name Poongavani Ammal. At the time when he executed the settlement deed, she was a widow and was residing with her father. In the settlement deed, the plaint schedule property was given to her for her life time. It was stated in the settlement deed that she being the widowed daughter and without any male issue, is to enjoy the plaint property and take the income therefrom during her life -time and on her death it can be taken by the legal heirs of the settlor.

(3.) THE plaintiffs therein preferred A.S. No. 55 of 1997 on the file of the II Additional Judge, City Civil Court, Madras. THE lower Appellate Court also dismissed the appeal. THE appellant herein filed a cross -objection in the case putting forward the contention that the finding that she is a co -owner is not correct and therefore that finding must be set aside. THE lower Appellate Court dismissed the cross objection and also dismissed the appeal. Against the said judgment, the second defendant Kamala Bai Ammal has preferred the Second Appeal No. 1321 of 1984.