MUPPUDATHI Vs. KRISHNASWAMI

JUDGEMENT

(1.) THIS appeal involves the determination of a question as to the scope of S. 41 of the Specific Relief Act.

(2.) ONE Vinayagam Pillai owned the suit properties. He executed a sale of them to his second wife, Vallayammal. She predeceased her husband. Her mother, Krishnammal, claiming to be her heir sold the properties, which, ultimately vested in certain alienees of whom the appellant is one. Vinayagam Pillai died leaving behind him his first wife, the respondents 1 and 2, his sons through her. Respondents 1 and 2 filed the suit, out of which this appeal arises, for recovery of possession of the properties from the alienees on the footing that they as the heirs of Vinayagam were entitled to the same. They impugned the binding nature of the sale by their father to Vellayammal and also of Krishnammal's right to convey the suit properties.

(3.) BOTH the lower courts found that the respondents 1 and 2 were not born on the date of the conveyance by their father to his second wife, that the marriage between the said two persons was in the Brahma form, and that the former succeeded to the properties left by latter on her death. The appellant, the second defendant to the action, one of the alienees, has filed this second appeal.