JUDGMENT

Phukan, J.-The appellant in this appeal has impugned the judgment dated 5.3.1991 of the Division Bench of the High Court of Judicature at Madras in AS No. 951 of 1977.

2. The facts, which are necessary for our purpose, are summarized as below. The parties would be referred to as arrayed in the suit:-

3. The suit land originally belonged to one Alagirisami Chettiar, who was said to have died during the pendency of the appeal before the High Court. His son, Arimuthu died in September, 1940. Angammal, defendant No.1 is the third wife of Arimuthu and Gowrammal was the daughter of Arimuthu through his deceased second wife. Gowrammal was married to one Subramania Chettiar. Gowrammal died in April 1953 and Subramania died in July 1971. Their son, Dhanapal, is the only surviving legal heir of Alagirisami.

4. On 17.10.1937 Alagirisamy executed a settlement deed (Ex.A-1) in favour of his wife Nagammal, daughter Maruthammal and his son Arimuthu Chetty wherein it was provided that the settles would get the properties absolutely after his lifetime. The properties were described as self-acquired properties of Alagiriswamy excepting a small building. This document was cancelled by t