K S YELUMALAI CHETTY Vs. NATESACHARI

JUDGEMENT

(1.) This is a suit by the reversioners to the estate of one Arcot Annamalai Chetti who died on 2 December, 1880, for the recovery of the properties left by him, all of which were in the hands of alienees at the date of the institution of the suit. The following geneological tree will help in the appreciation of the facts:

(2.) The plaintiffs claimed to be entitled to the properties described in Schedules A and B of the plaint. In the trial Court it was held that the plaintiffs had established their claim to the properties described in Schedule B and to one item in Schedule A. The properties described in Schedule A are eight in number. The one property in respect of which the plaintiffs succeeded was Item 8. The plaintiffs have appealed in respect of the other properties mentioned in Schedule A. Items 3, 4 and 5 stand together, as do Items l, 2, 6 and 7. The learned Judge (Chandrasekhara Ayyar J.) held that the plaintiffs were not entitled to the possession of Items 3, 4 and 5 because it had not been proved that they belonged to the estate of Annamalai Chetti at the time of his death. He rejected the plaintiffs claim in regard to Items 1, 2, 6 and 7 because he considered that they had been lawfully alienated by Ratnammal. We agree with the judgment of the learned Judge so far as it concerns Items 3, 4 and 5, but we are unable to concur in it in so far as it concerns Items 1, 2, 6 and 7.

(3.) Annamalai Chetti, in conjunction with his mother-in-law Sundarammal, purchased Items 3 and 4 in 1862. The Collector's certificate was issued in their names in 1867. On 20 November 1880, Annamalai Chetti transferred his half share to his mother-in-law, who thereby became the sole owner of these properties. She transferred them to K. Sundaram Chetti, Annamalai Chetti's son- in-law, on 13 February 1884 and caused the Collector's certificate to be issued in his name. Having got the title to these properties Sundaram Chetti (together with his wives and son) mortgaged them under documents dated 29 October 1897 and 16 February 1899. These mortgages were in the English form and each contained a power of sale, which was exercised on 8 June 1914. The purchaser was one Jayaram Chetti and his successors-in-interest are defendants 3 and 4. Item 5 was bought by Annamalai Chetti and his son-in-law, Sundaram Chetti, on 11 March 1876. On 20 November 1880 Annamalai Chetti transferred his half share to his daughter Peria Thayammal. On 2 July, 1896 Peria Thayammal and her husband Sundaram Chetti mortgaged the property to the Hindu Jananukula Saswatha Nidhi. Sundaram Chetti was also married to Peria Thayammal's sister Chinna Thayammal and she joined in the mortgage as did Murugesa, Peria Thayammal's son. This mortgage was also in the English form and contained a power of sale which was exercised on 28 April 1904. The purchaser was one Abbu Chetti, who mortgaged the property to the Nidhi on 30 April 1904. This mortgage likewise contained a power of sale which was eventually exercised and the property was purchased by the predecessor in title of defendant 5 on 20th January 1912.