SISILI AMMAL Vs. ISSUNDARARAJA NAIDU

JUDGEMENT

(1.) The question raised in these appeals relates to the nature and effect of the grant under the Original of Ex. D-1.

(2.) Two suits were filed in the Lower Court, O.S. No. 13 of 1942 and O.S. No. 17 of 1942. The judgment under appeal refers to the array of the parties in the later suit and we shall do the same.

(3.) The plaintiffs in O.S. No. 17 of 1942 filed the suit for a declaration that the usufructuary mortgage held by them under Ex. P-1 over the village of Irungattu-kottai is valid and binding on the defendants 1 to 5. The mortgagors are the first defendant, second defendant and Sriramulu Naidu, the father of defendants 3, 4 and 5. The other suit O.S. No. 13 of 1942 was filed by the sons of Sriramulu Naidu against the plaintiffs in O.S. No. 17 of 1942 for an account of their one-third share in the income realised from the suit village on the footing that the document executed by their father Sriramulu and his two brothers is not binding on them. The two suits raise substantially the same question. The lower Court decreed O.S. No. 13 of 1942. O.S. No. 17 of 1942 was decreed against defendants 1 and 2 and they do not appeal. It was dismissed against defendants 3 to 5 who are the plaintiffs in the other suit. These appeals are directed against the decrees granting relief to Sriramulu Naidu's sons.