J.C.SHAH, K.SUBBA RAO, R.S.BACHAWAT
Karpagathachi – Appellant
Versus
Nagarathinathachi – Respondent
Judgment
BACHAWAT, J.: One Sivasubramania Pillai died in the year 1924 leaving him surviving his mother, two widows, Thialaiachi and Karpagathachi, and a daughter, Nagarathinathachi (respondent herein) born of Thialaiachi. The two widows inherited the properties left by Sivasubramania. In July 1927, they divided the bulk of the properties and each entered into separate possession and enjoyment of the properties allotted to her. The partition is evidenced by two partition lists called partition deeds, Exs. A-1 and B-45, dated July14, 1927 and signed by both of them. Under this partition, two velis of land were set apart for the maintenance of Sivasubramania s mother, to be enjoyed by her during her lifetime, and on her death, to be taken and enjoyed by the two widows in separate portions as mentioned in the partition lists. On August 26, 1954, Thialaiachi died, and upon her death, the respondent took possession of the properties allotted to Thialaiachi under the partition of July, 1927. On December 8, 1954, Karpagathachi instituted against the respondent the suit, out of which this appeal arises, claiming possession of the suit properties. The respondent resisted the suit claiming th
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