BAGIYATHACHI Vs. NARAYANASWAMI CHETTIAR

JUDGEMENT

(1.) This second appeal relates to three items of properties which originally belonged to one Thiyagu Chettiar. Alagu Achi got the properties under the will Ex. D, executed in her favour by her brother-in-law Thiyagu Chettiar. Alagu Achi executed Ex. A settlement deed in favour of defendant 1 and the plaintiff claims the properties under an othiusufructuary mortgage-for a term, executed by defendant 1 in plaintiff's favour. Defendant 3 is the real contesting defendant. His case is that he is entitled to the properties and not defendant 1.

(2.) The District Munsif decreed the suit in plaintiff's favour for possession of these items. On appeal by defendant 3, the learned Subordinate Judge modified the decree of the District Munsif and decreed that: the plaintiff do recover half of items 1 to 3 after dividing the same with due regard to good and bad quality.

(3.) The plaintiff has preferred this second appeal while defendant 3 has preferred the memorandum of objections, each claiming the whole of these items.