The Judgment was delivered by :

This second appeal is preferred from the judgment and decree of the learned District Judge, North Arcot at Vellore dated 10-1-1990 made in A.S. No. 135/89 reversing the judgment and decree of the learned District Munsiff, Gudiyatham dated 20-3-1989 made in O.S. No. 552/82.

2. The first respondent herein filed a suit for delivery of the plaintiff's 1/3rd share in the schedule mentioned jewels in specie or in the alternative pay him a sum of Rs.10, 859.70 being the value thereof with the following averments. The plaintiff first defendant and one Natesa Mudaliar were brothers. The plaintiff's father died in the year 1965 and mother Sivagami Ammal died in or about 1976. Gold jewels of 22 carat more fully described in the schedule to the plaint belonged to Sivagami Ammal and were being worn by her. Sivagami Ammal died at No. 120, Road Street, Thiruvalam village. At the time of burrial, the first defendant removed all the schedule mentioned jewels from the body and kept them with him. Sivagami Ammal desired that the jewels possessed by her should be taken equally by her sons. During the end of January 1981, the third defendant approached the plai