RANGASAMI GOUNDEN Vs. NACHIAPPA GOUNDEN

JUDGEMENT

(1.) This suit is brought by the plaintiff as one of the reversionary heirs entitled to one-half of the property last held by Marakammal, the widow of Arthanari Gounden, who had succeeded thereto as upon the death of her childless son, Bamasami Gounden. It was directed against 32 persons who were in possession of different pieces of the property. The suit was only contested by three defendants. The third defendant, who was only of the half blood, as the pedigree will show, was held on that account to have no claim as a reversionary heir, and that finding is acquiesced in. He may be therefore dismissed from further notice. The first and second defendants were reversionary heirs, and as such entitled to the other half. But they were also in possession of two-fifteenths of an estate called Kongapuram Mitta, one-fifteenth of which was claimed by the plaintiff, and they resisted this claim. The first defendant is now dead, and the second defendant is in his right and is the sole respondent before the Board.

(2.) The grounds on which the claim was resisted arise out of the following facts. After the death of her husband Marakammal entered into possession of the estate. At that time Ramasami Gounden (designated in the pedigree as the "alienee") was the nearest reversionary heir. Marakammal executed in 1893 in his favour a conveyance of parts of the estate including the disputed part of the Kongapuram Mitta. The deed so far as material to the present questions ran as follows:-- As you have performed the funeral rites to my husband the deceased Arthanari Gounden and my son the deceased Bamasami Gounden, as you have the right to inherit as surviving heir all my properties after my death, as you have spent on my behalf and on behalf of my son your own (monies) and after borrowing . monies required for conducting O.S, No. 5 of 1883 on the file of. the District Court of Salem conducted by my son the deceased Bamasami Gounden as plaintiff and all other civil and criminal proceedings in connection therewith in other Courts, as I am advanced in age and unable to supervise and manage the mitta and other lands and to collect the amounts due on the hypothecation debt bonds, and as you have consented to my possession and enjoyment with all rights and interests of all the properties other than these mentioned below which belong to me under the razinama decree in O. S. No. 6 of 1883 on the file of the District Court of Salem and which I am enjoying and of which I make a gift to you, and as you have promised to support me during my lifetime at your expense and to have the marriage of my unmarried daughter performed according to our custom and to perform also seeru and sirappu for this and to another daughter who has been married, I have made gift of the under mentioned properties valued at about Rs. 10,000 to you who is the elder brother s son of my husband, deceased, Arthanari Gounden and delivered possession to you. Therefore you shall in comfort possess and enjoy the under mentioned properties from generation to generation and with powers to give away by gift, sale, etc. I have no manner of right or interest over the said gift properties,

(3.) Ramasami Gounden entered into possession but died prior to 1896, and was succeeded by his two nephews, the sons of his undivided brother. The nephews were Sandara, now deceased, and Arthanari, the first defendant.