M NARAYANASWAMI NAIDU (DIED) Vs. PARVATI BAI

JUDGEMENT

(1.) The only question which arises for decision in this appeal from the judgment of Kunhi Raman, J., sitting on the Original Side is whether one Ammani Animal had any right to or interest in the suit property which is a house No. 65, Ashtabujam Street, Choolai, Madras., If she had, then the respondents who were tie plaintiffs before Kunhi Raman, J., would be entitled to relief on the basis of a deed of settlement executed by Ammani Ammal on. 1st June, 1943.

(2.) The property in suit was purchased on 14 December, 1922, by a deed of sale bearing that date executed in favour of the said Ammani Animal and her brother, T. Perumal Naidu. The agreement of sale entered into before the completion of the sale was in favour of Perumal Naidu only. It appears from the evidence that Perumal Naidu was himself at Rangoon and he had executed a power of attorney in favour of his sister Ammani Ammal, Ex. D. 17, to manage Iris affairs. Perumal Naidu died on 16 June, 1924, unmarried and intestate. He left behind him surviving Ammani Ammal, his elder sister. He had a brother, one Ramaswami Naidu who had predeceased him leaving him surviving his widow Govindammal; Narayanaswami Naidu, the defendant, was Govindaswami's brother and was married to Govindammal's daughter. He appears to have been adopted to Ammani Animal's husband. There was a dispute as regards this adoption. For the purposes of this litigation, it must be assumed that he was validly adopted. Immediately after the death of Perumal Naidu, Narayanaswami Naidu filed an application, O.P. No. 106 of 1924 for grant of Letters of Administration to the estate of the deceased Perumal Naidu which was stated to comprise the suit property. It then bore a different door number. Notice of this application went to Ammani Ammal. She thereupon filed an affidavit into Court (Ex. D. 4) in which she stated that Narayanaswami Naidu was the only heir and legal representative as nephew of the deceased Perumal Naidu and to the best of her knowledge and information, there was no other kith or kin left by the deceased except herself, Narayanaswami Naidu and Govindammal, the widow of Ramaswami Naidu. She therefore had no objection to the grant of Letters of Administration to the defendant. In this affidavit she made two further admissions which are important. She admitted that she was the adoptive mother of the defendant and that Perumal Naidu died possessed of properties in the City of Madras of the value of Us. 27,099-0-8, which was the value given in the defendant's application for Letters of Administration which included the value of the suit property. On the 6 April, 1926, she filed another affidavit in which she reiterated the admissions she had made in her prior affidavit that the defendant was her adopted son and that the suit property was one of the properties which belonged to the deceased Perumal Naidu. She stated in this affidavit also that she had no objection to the defendant enjoying the properties absolutely as the only heir and legal representative of the deceased Perumal Naidu. Letters of Administration were granted to the defendant on the 5 February, 1925.

(3.) More than four years after the grant of the Letters the defendant, Ammani Annual filed an application in 1929, No. 2047 of 1929, for a revocation of the grant of the Letters of Administration to the defendant herein and for the grant of fresh Letters of Administration to her as the heir, and legal representative of the deceased Perumal Naidu. In the affidavit filed by her in support of this application on 17 August, 1929 (Ex. P. 4) she went back on the statement she had made in her previous affidavit and alleged that Perumal Naidu left, no heirs except herself, his only sister. In that affidavit for the first time she also alleged that she had contributed a moiety of the sale price of the suit property, though the allegation is certainly confused. Paragraph 7 of the affidavit runs thus : My brother Perumal Naidu was earning about Rs. 200 a month until he retired. Prom and out of his arning he purchased the immovable properties in Madras (sic) and improved them at a considerable cost. Out of them one of them was purchased jointly in my name and in the name of Perumal Naidu as I contributed a moiety of the sale price and we continued to be co-owners thereof.