S. RAMACHANDRA IYER, C. J. :- This is an appeal under Cl. 15 Letters Patent against the judgment of Veeraswami, J. who set aside the Judgment of the lower appellate court, which had reversed the decree for possession granted by the trial court in favour of the first respondent, Venkatammal. Her husband, Alagarsami Chettiar, and their son, Subbiah Chettiar. Were members of a Joint Hindu family which owned sonic properties. The husband and wife did not pull on well together. The latter had evidently the sympathy of her son. Early in the year 1947. Alagarsami Chettiar and his son Subbiah, at the instance of certain mediators, entered into a partition arrangement. Though old, Alagarsami Chettiar appears to have entertained an idea of taking a second wife, and, perhaps, he even had hopes of children being born to that wife. The partition agreement is dated 7-4-1947 and is evidenced by Ex. A. 1. Under that arrangement, Subbiah undertook the liability of maintaining his mother.

2. Alagarsami Chettiar, however, did not marry again, either because no one was willing to marry hurt or because such a bigamous marriage was prohibited under the law. He took up his residence with his brot