VENCATARAMAIYAN Vs. RAMASAWMI AIYAN

JUDGEMENT

(1.) THE facts of this case material to its decision are as follows:-- Rangasawmi Aiyan was the youngest of three brothers of a joint Hindu family. The eldest brother died in the year 1858, leaving a widow named Thyammul. On his death the two remaining brothers made a partition of the property to which they were entitled. The second brother died in 1860, leaving a widow named Lakshmi Ammal. Rangasawmi had a wife, the daughter of Rumasawmi, who was his cousin, and was the brother of Thyammul. Rangasawmi having no children executed on the 19th of January, 1861 the following document: Agreement executed on the 19th of January, 1861, by me, Rangasamiaiyan, son of Subbaiyan, residing at Minakshipuram, in the Trichinopoly talook, while in the possession of sound mind, in favour of Ramasamiaiyan, son of Anantakrishnaiyan, residing at Kulumani in the said talook, to wit: In the villages of Minakshipuram aforesaid, Gouripuram, Tiruppulatturai, Analai, Rangachchipuram, Elumanur, Antamallur, Ammangudi, Kulumani, Mulangudi, Tachchagudi, and Kottattai, I hold some property. Besides, in respect of the moveable and immoveable property standing in the names of Lakshmi Ammal, the widow of Visvanadhaiyan, my elder brother, and others, I brought a suit in No. 5 of 1860 on the file of the Civil Court, which is now pending in appeal before the Sadar Court in No.--of 1860. My present state of health is however too bad to permit me to manage and take care of the said (last-mentioned) property, as well as the said (first-mentioned) house ground, houses, cattle, &c. Besides I have no issue and have consequently adopted your son Krishnasami this day according to law. You shall therefore yourself manage the affairs of all the move-able and immoveable property, &c., except three cheis of land constituting two shares in the village of Kulumani, which I have given away to my elder sister Tangammal as manjakani (land granted for expenses), pay the Government revenue, &c, assessed thereon, render the necessary assistance in the interests of the said suit, and maintain my adopted son aforesaid. Besides, you should deliver up to the two persons aforesaid so soon as my said adopted son attained his age, all the said moveable and immoveable property, and all the other property save such as might have been legitimately expended till then. Furthermore, you should administer the charity of distributing boiled rice, &c., at my house in the village of Minakshipuram, and by applying therefor the incomes derivable from the wet and dry lands of that village left after paying the expenses, Government revenue, &c, keep an account of the receipts and disbursements in that matter, and you should get Krishnasawmi, my adopted son aforesaid, after he attained his age, and Lokambal my wife, these two to administer these charities in perpetuity, and in a manner allowing no scope for any shortcomings. You should also, while thus acting and until my son attained his age, look after the duties of the office of manager, which I hold in my name with respect to the Tiruppulatturai pagoda. To this effect, I, Rangasawmi Aiyan, execute the agreement in favour of Ramasawmi Aiyan.

(2.) IN pursuance of this instrument the child therein mentioned was adopted, and Rangasawmi undertook the management of the estate.

(3.) THE High Court of Madras, of whose judgment some notes, obviously very imperfect, are to be found in the record, appear to have treated this document, which was not registered, as open to much suspicion. It may be, but inasmuch as it has been found to be genuine by the Lower Court, before which some of the attesting witnesses were called, while no evidence directly impeaching it was produced, their Lordships find no sufficient grounds for disbelieving its execution, or setting it aside as invalid.