T A MEENAKSHI SUNDARAMMAL Vs. K SUBRAMANIA AYYAR
HIGH COURT OF MADRAS
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Rajagopalan, J. -
(1.) It was common ground that the four items of properties, a fractional share in which Meenakshi Sundarammal, the plaintiff in O. S. N. 23 of 1945, and her daughter, Shanmuga Sundarammal, the plaintiff in O. S. No. 24 of 1945, claimed belonged to Appavoo Pillai. Appavoo died in 1922. He had three sons, Kannuswami, Arumugam and Chinnaswami and a daughter, Ponnammal, who predeceased him. Ponnammal had three sons Neelamegam, Muthukrishnan and Ramaswami, Meenakshi Sundarammal was one of the two daughters of Ponnammal; and Meenakshi Sundarammal married her maternal uncle Arumugam. On the date of Appavoo's death Arumugam and his wife Meenakshi Sundarammal had two daughters, Kanakavalli and Shanmuga Sundarammal; a third daughter named Baby was born some time after Appavoo's death; they had no sons. Of these three daughters, Kanakavalli died in 1938 before she was 18. Of the three sons of Appavoo, only Kannuswami had both sons and daughters. Neither Arumugam and Chinnaswami had any sons.
(2.) The genuineness of Ex. P-1 as the last will ahd testament of Appavoo executed by him shortly before his death was never in dispute. The portions of Ex. P-1 relevant for purposes of these appeals are as follows :
"1. After my lifetime, my eldest son T. A. Kannuswami shall enjoy the income derived from the storeyed house, which is in Mission Hill, Coonoor, . . . He shall have no right whatever to mortgage the above house usufructuarily or to sell it. His 'pillaigal' shall have full rights to it after they attain majority . . .
2. My eldest son and last son (Kannuswami and Chinnaswami) shall improve the land of the extent of about 4 acres, which is in Paliyar . . and enjoy the income derived therefrom. They shall have no right whatever either to mortgage it usufructuarily or to sell it. Their 'Pillaigal' alone shall have full rights to it after they attain majority.
(3.) The cattle-shed together with the articles therein, belonging to me and situate in Mission Hill, Coonoor taluk, the Sinai Kompany coffee estate known as Kadirvel Thottam belonging to me . . . shall be enjoyed with all rights, by my second son T. A. Arumugam and his wife and 'Pillaigal' (these are items 2 and 1 respectively of the schedule to the plaints).;
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