T S SIVARAMA AIYAR Vs. TSGOPALAKRISHNA CHETTIAR (DEAD)

JUDGEMENT

(1.) This appeal arises out of a suit (of 1919) for possession, the plaintiffs claiming to be entitled, after the death of one Vembu Ammal, to the suit properties, of which a lease for seven years had been granted by her to the original sole defendant on 19 June, 1918. The lessee pleaded that, under the will of the last male owner Cuppuswami Aiyar, Vembu Ammal's husband, Mr. T. V. Gopalaswami Aiyar is entitled to the properties after her death, and not the plaintiffs. He also contended that the lease was binding on the remainder-man. One of the issues originally framed was " whether the suit is bad for the nonjoinder of T. V. Gopalaswami Aiyar as a party to it." The case was set down for preliminary argument on this issue and on 28 September, 1920, T. V. Gopalaswami Aiyar was added as 2nd defendant in the suit.

(2.) The Subordinate Judge found on the 6 issue that the lease by Vembu Ammal was not within her competency to grant. On the 11 and 12 issues, he found that the 2nd defendant (and not the plaintiffs) was entitled to the vested remainder in the suit properties after Vembu Animal's death. He accordingly dismissed the suit. The first defendant filed an appeal against the finding on the sixth issue but we are informed that he has since become an insolvent and his appeal has not been prosecuted. The present appeal has been preferred by the plaintiffs and in this appeal, neither party questions the correctness of the finding on the sixth issue.

(3.) The following pedigree shows the relationship of the parties: