STATE OF MADRAS Vs. RAMANATHA RAO

JUDGEMENT

(1.) This appeal is against the judgment and decree of our learned brother, Ramaswami Gounder J., dated 11-10-1955 in A. S. No. 523 of 1951, reversing the decree and judgment passed the learned Subordinate Judge of Mayuram, in O. S. No. 47 of 1949. The State of Madras, represented by the Collector of Tanjore, is the appellant.

(2.) The first respondent to this appeal, Ramanatha Rao, is the son of one Kasinatha Rao. He along with his brother, Krishnajee Rao, claimed to be entitled to the properties in their capacity as the mathrubandus of Jagannathan, the last male owner of the suit property. The said Jagannathan was an illegitimate son of Singaravelu by this concubine, one Dhanabagyathammal. The said Jagannathan died on 1-8-1945, leaving certain lands and houses and moveable properties situate mostly in the village of Manadakudi in the Ayyampettai vattam and also in Marudavancheri. These properties originally belonged to Singaravelu Pillai, who died on the 10th February 1943, leaving a divided brother, Krishnaswami Pillai, besides the illegitimate son, Jagannathan. In O. S. No. 60 of 1943, on the file of the District Munsif of Mayuram, the said Jagannathan claimed title to and possession of the properties which formed the subject matter of the suit, out of which this appeal has arisen. The suit was directed against the said Krishnaswami Pillai, the divided brother of Singaravelu Pillai and his lessees. That suit was decreed in favour of the said Jagannathan on the 31st January 1944, as evidenced by the copy of the judgment marked Ex. B. 2 in the suit. The decree passed in the said suit appears to have been confirmed on appeal in A. S. No. 50 of 1944 on the file of the court of the Subordinate Judge of Mayuram. The judgment in the appeal is marked as Ex. B. 3 in the suit. The appellate decree also became final by reason of the dismissal of the second appeal preferred by the appellant in that first appeal, and Jagannathan became entitled to and was in possession and enjoyment of the properties decreed in his favour till he was murdered on 1-8-1945. He died unmarried and left no issue.

(3.) After Jagannathan's death, the question arose as to who were his heirs entitled to succeed to the properties, which he, as the illegitimate son inherited from his putative father, Singaravelu. Ramanatha Rao, the first respondent, claimed to be Dhanabagyathammal's mother's sister's son. The said Dhanabagyathammal, as already stated, was the concubine of Singaravely Pillai, and the mother of Jagannathan. On the death of Jagannathan, Ramanatha Rao performed the obsequies, and issued printed invitations for the ceremonies connected with the deceased. He took residence in the house left by Jagannathan and obtained ration card therefor. He also got into possession of the other properties. He leased out the lands of one Kunchitthapatham Pillai, the undivided son of Murugayya Pillai, the village munsif of Ayyampettai vattan under a lease deed, Ex. A. 6, dated 19-9-1945, for a period of seven years. The said Jagannathan also paid kist for the lands and obtained kist receipts, Exs. A. 7 and A. 19 to A. 24. Ramanatha Rao and his brother, the two respondents in this appeal, are the sons of one Rama Bai, wife of Kasinatha Rao. According to them, Rama Bai had a sister by name Kannammal, wife of one Madhava Rao. they had an only daughter, viz., Dhanabagyam, the mother of Jagannathan, and the concubine of Sungaravelu. It is in this way that the two respondents in this appeal claimed to be the heirs of Jagannathan as his mathrubandhus, i.e., they are Jagannathan's mother's mother's sister's sons.