Raghavan, J.-These two appeals arise out of C.S.No. 30 of 1961 filed for recovery of possession of No. 11, General Muthiah Mudali St., G.T., Madras, and O.P. No. 80 of 1963 filed for the issue of Letters of Administration with a copy of the will of Desai Gowder annexed limited to the suit house, which O.P. on caveat filed by the defendants was registered as T.O.S. No. 11 of 1963. Both the above matters were directed to be tried together by an order of Venkataraman, J., dated 6th August, 1963. we shall first take up O.S.A. No. 26 of 1965 arising out of the main suit C.S. No. 30 of 1961. The property covered by the suit is a house in General Muthiah Mudali Street, G.T., Madras, (hereinafter referred to as the suit house). One N. Desai Gowder, the paternal uncle of the plaintiff’s father, Ponniah, purchased the suit house in 1909. On Desai Gowder’s death, the plaintiff’s father got the suit house as a residuary legatee under his will dated 18th April, 1914, and in the division of the family properties between the plaintiff and his two brothers, after the death of the plaintiff’s father, the suit house was allotted to the plaintiff’s share by an arbitrator chosen by them who made an award and a decree in terms of the award was passed in O.P. No. 92 of 1952 on the file of the Sub-Court, Coimbatore and the suit house therefore belongs to the plaintiff solely and absolutely. The plaintiff’s further case is that even apart from the will, the plaintiff and his two brothers being the nearest reversioners to the estate of the said Desai Gowder, on the death of Ambujammal the surviving widow of N. Desai Gowder succeeded to this estate and that by the partition referred to above, the plaintiff became entitled to the suit property absolutely and is entitled to a decree against the defendants for possession of the suit property. The plaintiff’s further contention is that Desai Gowder was residing in the suit house till his death in or about 1914, that his father who was brought up by the said Desai Gowder as abkimana putra, was also living in the suit house as a member of the family with Desai Gowder during his lifetime and continued to live in the suit house with his family even after the latter’s death and that the defendants who are the sons of the sixth defendant whose sisters (Ambujammal and Nanjammal) had married Desai Gowder and Ramiah Gowder, who was the husband of the sixth defendant were also living in the suit house along with Desai Gowder and that Nanjammal died in 1921 and Ambujammal died in 1948. The plaintiff’s case is that Ramiah Gowder was permitted to live in the suit house even during Desai Gowder’s lifetime and he continued to live therein with his family even after Desai Gowder’s death, in view of the close relationship of Ramiah to the two widows of Desai Gowder, i.e., Ambujammal and Nanjammal. In regard to the business carried on by Desai Gowder during his lifetime under the name and style of N. Desai Gowder and Co., Madras, the will of Desai Gowder provided that Ramiah and another employee in the business (Rangaswami Aiyangar) were to be taken with Ponniah as working partners and the business was to be continued. After the death of Desai Gowder the business conducted by Desai Gowder was continued by the partnership consisting of Ponniah, Ramiah and Rangaswami Aiyangar under the name and style of N. Desai Gowder and Co., Madras. Ponniah Gowder in or about 1922 started a business at Coimbatore under the name and style of N. Desai Gowder and Co., Coimbatore and in order to look after the said business he shifted his residence to Coimbatore, entrusting the management of the partnership business at Madras to the aforesaid Ramiah Gowder and the plaintiff’s case is that Ramiah Gowder was permitted to continue to live in the suit house with his family till his death in 1957 and that the defendant and Ramiah’s widow (6th defendant) continued to live in the suit house under such permission. The plaintiff’s further case is that

Click Here to Read the rest of this document