RANGAPPA NAYAKAN Vs. RANGASWAMI NAYAKAN

JUDGEMENT

(1.) The facts relating to this appeal may be set out very briefly. One Gopal Nayak died in the year 1900, leaving him surviving no son but only his daughter one Koppammal and grandson by that daughter one Ganga Nayak. He left also a brother and his sons. That he also left a Will seems undisputed; but the terms of this Will are in dispute.

(2.) Soon after the death of Gopal Nayak, his daughter Koppammal and grandson Ganga Nayak began alienating various items of property peitaining to his estate. Exhibits C series and D series and 34 series and 35 are all deeds of hypothecation of sale so made in the years 1901 and 1902 by registered instrument marked F in the case of Koppammal and Ganga Nayak supported to sell and convey to one Govindappa Nayak all the items of the immoveable property set out in Schedules 1 and 2 to the plaint.

(3.) It also appears that sometime after the death of Gopal Nayak, his daughter and grandson applied for succession certificate to the District Court of Tinnevelly and that the petition was opposed by or on behalf of the defendants on the ground that the deceased Gopal Nayak was divided from his brother and nephews and that all the property of the family having survived on his death to his brother and nephews, he had no power of testamentary disposition over any of the properties the subject-matter of the suit. These proceedings, however, were compromised finally by documents Exs. A and B (Ex. B being in form a deed of sale by Koppammal and Ganga Nayak to the defendants of the properties which were under compromise agreed to be given over to them and Ex. A being a release and conveyance by the defendants in favour of Koppammal and Ganga Nayak of all the properties relating to the estate of Gopal Nayak).