Judgment

FAZAL ALI, J. - This appeal is by certificate granted by the High Court.

2. V. Subramania Gurukkal (plaintiff) and Kachapalaya Gurukkal (the second defendant) are the sons of the first defendant Chinna Vaithya Gurukkal. They were members of a joint Hindu family. One Sivakami Ammal, widow of the first defendants elder brother filed an original suit No. 576 of 1917 in the Court of Munsif, Kancheepuram, claiming maintenance. The plaintiff was not born at that time and Sivakami Ammals claim had been settled as a result of which the properties mentioned in Sch. B to the plaint were carved out of the larger family estate and allotted to her in lieu of her maintenance subject to the condition that she was to enjoy them for life without any power of alienation and after her death the properties were to revert to the first defendant and his family. Sivakami Ammal, however, continued to be in possession until her death on June 23, 1967. In other words, she was in possession of the properties allotted to her in 1956 when the Act of 1956 came into force. As the properties were to revert to the family of the plaintiff and defendants the plaintiff called upon the defendants to effect a pa