NATESAN, J. : These two appeals arise out of the suit O. S No. 13 of 1959, on the file of the Subordinate Judge's Court of Tirunelveli, filed by the reversioners to the estate of a Hindu who died on 31-12-1926. The plaintiffs claimed recovery of possession of the properties, specified in Sch. I and IV of the plaint, with past and future mesne profits.

2. It is the common case of the parties that the properties detailed in Sch. I are properties endowed for Annadhana Chatram Charity, and the claim of the plaintiffs is that the Hukdarship of the Charity has on the opening of the reversion, devolved on them. The trial court has upheld the plaintiffs' claim in respect of Sch. I, and dismissed the suit in regard to Sch. IV properties. The aggrieved defendants have preferred A.S. No. 245 of 1961 in respect of Sch. I properties, and the plaintiffs have by A.S. 530 of 1961 appealed in regard to Sch. IV properties.

3. The following pedigrees give the relationship of the principal persons, who had dealt with or have been parties to transactions relating to the properties, or have figured as parties in this litigation.

4. Ramalingam Pillai in the above pedigree II, who died about the close of the year in 1898 had considerable properties, but no issue, and his younger brother Kuppa Pillai had died in August 1894, leaving his two daughters Palani Achl Ammal and Pichai Ammal II (in pedigree I) Ramalingam Pillai and Kuppan Pillai had married sisters and Ramalingam Filial brought up these two daughters of hit younger brother Kuppan Pillai. He got Palani Achi Ammal married to V Rm. Shanmugharri Pillai. his maternal uncle Vairavanatha Pillai's son by his first wife: and Pichai Ammal II was also later got married to this V. Rm Shanmugham Pillai V. Rm Shanmueham Pillai was associated with Ramalingam Pillai in his business and Ramalingam Pillai, who had acquired vast properties executed a settlement deed Ex. A 2 dated 29-9-1898 settling his properties principally on Palani Achi Ammal and Pichai Ammal and her husband Shanmugham Pillai. He gave some properties to his deceased wife's sister's son, Srhramania Pillai Under the settlement deed he endowed the plaint I Sch properties. excepting item 4, for the Annadhana Charities which he was carrying on and made Shanmugham Pillai hukdar, the hukdarship to be hereditary in the family of Shanmugham Pillai. He died shortly after the settlement, and V. Rm. Shanmugham Pillai further added to the wealth he had inherited, and acquired for the charities item 4 of I Sch. of the plaint also. He had no issue, and we find that on the 19th December 1926 he first executed a Will, by the dispositions under which considerable properties would have gone to his step-brother Shanmugham Pillai, viz., his father's second wife's son, referred to as vendor Shanmugham Pillai he was a stamp vendor. This is a registered will. This will was later, on the 29th December 1926, cancelled by a registered instrument, the Sub-Registrar, attending the registration in the residence of Shanmugham Pillai. V Rm. Shanmugham Pillai died on 31-12-1926. presumably, intestate. In January 1927, the two widows, heirs under the Hindu Law of Shanmugham Pillai, impleaded themselves in pending court proceedings as heirs of their husband according to law and the enjoyment of his properties according to Hindu law.

5. Then comes the most crucial document in the case, Ex B. 2 a registered document styled "Agreement of peaceful settlement". This agreement is between the two widows of V. Rm Shanmugham Pillai, Palani Achi Ammal and Pichai Ammal on the one hand, and his step-brother Vendor Shanmugham Pillai above referred to for himself and as guardian of his then two minor sons, Shanmugham Pilial and Vairavanatha Pillai present plaintiffs 1 and 2, on the other. Subramania Pillai the husband of Irulammai, a step sister of V. Rm. Shanmugham Pillai, and Irulammai herself were also parties to the document along with vendor Shanmugham Pillai. Sankaralingam Pill