1964 Supreme(Mad) 435
K.VEERASWAMI, P.KUNHAMED KUTTI
Athayee – Appellant
Versus
Shanmugha Goundan – Respondent
Advocates:
R. Gopalaswamy Ayyangar and M. Srinivasan, for Appellants.
R. Ramamurthi Ayyar and R. Ramachandran, for Respondents.
Veeraswami, J.- This appeal by the plaintiffs arises out of a suit for partition and separate possession and turns on the validity of a settlement deed dated 12th March, 1958, and executed by one Nainamalai Goundan. The properties in dispute admittedly belonged to him absolutely, he having obtained the same as and for his share at a partition on 15th July, 1943, between himself and Guruswami Goundan, his nephew. Nainamalai died in August, 1958, and the plaintiffs are his widow. who died pendente lite and four of his daughters and grandchildren by a predeceased daughter. The defendant is also a grandson of Nainamalai by his eldest daughter who too had predeceased him. On her marriage the eldest daughter with her husband and the defendant lived with Nainamalai and his wife. A few years before the suit, the defendant’s mother died and his father took a second wife from another family with the result that he sent out of the home of Nainamalai to live separately. But the defendant continued to live with Nainamalai, his grandfather and when he came of age he looked after his properties. Four of the plaintiffs who were Nainamalai’s daughters had all been married and were living with their
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