Lord Thankerton.-

This is an appeal by special leave from the judgment and decree of the High Court of Judicature at Madras, dated 7th November 1941, which reversed the appellate judgment and decree of the Subordinate Judge of Salem, dated 21st November 1938 (which had affirmed the judgment and decree of the District Munsif of Sankaridrug at Salem), and decreed the respondents' suit to recover immovable property forming part of the estate of one Annusami Pillai. Annusemi Pillai died in 1894 without issue, leaving him surviving two widows, namely, the senior, Akilandammal, who died in 1899, and the junior, Sundarammal, who died in April 1934. The present suit was filed by Subbaraya Pillai, as nearest reversioner of Annusami, at the time of Sundarammal's death, against the present appellants, who claimed to retain possession of the properties under a registered deed of gift dated 25th December 1899, executed a few days after the death of Akilandammal by Sundarammal in favour of her elder brother, Kumaraswami Pillai, whose rights as donee are now vested in the present appellants. It is not in dispute that after the death of Annusami the two widows had a partition effected through media