Judgment

HIDAYATULLAH , J. : This appeal has been filed on leave granted by the High Court of Madras against its judgment and decree dated 20-1-1947, by which the decree of the Subordinate Judge, Tuticorin dated 30-3-1943, was substantially modified.

2. Before the application for leave to appeal to the Judicial Committee could be filed, the first defendant (Ramasami Pillai) died, & the application for leave was filed by his widow, R. Muthammal, who was the fourth defendant in the suit. R. Muthammal also died soon afterwards, and her place was taken by Parameswari Thayammal (her daughter born on Ramasami Pillai), who was the fifth defendant in this case. Along with these three defendants, the other members of Ramasami Pillai s family were also joined defendants. The suit was filed by Sri Subramaniaswami Devasthanam, Tiruchendur (hereinafter called for brevity, the Devasthanam), and the Devasthanam is the only contesting respondent in this Court.

3. One Poosa Pichai Pillai had five sons and three daughters, of whom Meenkashisundaram Pillai died on 21-5-1919. Before his death, Meenakshisundaram Pillai executed a registered will on 20-5-1919, and a registered codicil on 21-5-1919. By thes