JUDGMENT :- The plaintiff is the appellant in the second appeal. The courts below have given diverse findings on the same question of fact. The suit was filed for partition and separate possession of the plaintiff's half share in the suit properties, which admittedly belonged to one Ramaswami alias Kannappan. The case of the plaintiff, who is the mother of the deceased Ramaswami, is that her son Ramaswami died intestate on 13-07-1956, leaving besides her, his widow - Kamalammal, the first defendant in the suit. The second defendant in the suit is an alienee of the suit properties from the widow. The plaintiffs right, it goes without saying, is based upon the provisions of Act 30 of 1956, which came into force on 17-06-1956, Along with the plaint, a death register extract was filed. In the written statement by the first defendant, while putting the plaintiff to proof that Ramaswami died on 13-07-1956, the first defendant also stated that he died in May 1956. In her evidence, the plaintiff stated that Ramaswami died in the month of Ani. The only other person, who is competent to speak about when Ramaswami died, the wife who is the first defendant in the case, has not gone in