PERIASWAMI PILLAI Vs. DHANALAKSHMI AMMAL

JUDGEMENT

(1.) This appeal is directed against the decree and judgment of the learned Subordinate Judge of Tiruchirapalli in Original Suit No. 96 of 1953.

(2.) The facts are short: One Appavu alias Chidambaram Pillai who died in 1939 made a will on 9-6-1933. This Appavu had three sons by name Palaniappa, Chinnaswami and Arumugham. His wife, Chinnammal, was also alive. The father and the sons were not getting on well. Therefore, when Appavu made his last will and testament, disposing of his self-acquired properties, he cut off his sons from the will and conferred a life estate upon his wife, Chinnammal, and provided that after the lifetime of his wife, the heirs (warisu) of the aforesaid three sons should take all the properties absolutely. This Chinnammal died on 1-1-1951.

(3.) The suit was filed by one of the daughters of one of the sons for partitions and mesne profits. The learned Subordinate Judge decreed the suit for the plaintiff's one-third share and gave a preliminary decree and directed that she might file a separate petition for the determination of mesne profits, past and future.