Judgement

BACHAWAT, J. : The following pedigree shows the relationship of Sivasami Odayar and the members of his family :

Sivasami died issueless in 1927. By his will dated September 14, 1927, he bequeathed items 1 to 4 and one half of items 12 and 13 of the suit properties to his wife, Neelayadakshi absolutely and items 5 to 11 and one half of items 12 and 13 to his mother, Chinnayal absolutely. He also appointed Chinnayal as the trustee of items 14 to 18 for the benefit of the Pillayar temple. Neelayadakshi died in 1931. It is common case that on her death Chinnayal inherited her properties as a limited heir. Defendants 6 and 7 claimed that their father purchased item 4 from one Muthukumaraswami, agent of Chinnayal, under a sale deed, dated June 5, 1937 On August 28 1940, Chinnayal executed a deed of gift in favour of Muthukumaraswami giving him items 1, 3 and 8 and portions of items 5 and 13. On September 4, 1940, Chinnayal is said to have executed a will bequeathing to Muthukumaraswami the remaining properties belonging to her absolutely and inherited by her as a limited heir from Neelayadakshi and also items 14 to 18 and her trusteeship right in respect of those items. Chinnayal