Window of deceased coparcener to be held as coparcener order Hindu Law.

This is an appeal against the judgment of Krishnaswami Naidu, J., reversing the judgment and decree of the District Judge of Ramanathapuram in A.S. No. 208 of 1953, which confirmed the judgment and decree of the Subordinate Judge of Ramanathapuram at Madurai in O.S. No. 32 of 1952.

One Krishnaswami Reddiar and Narayana Reddiar were two brothers, who became divided, a division of the family properties having been effected by metes and bounds in 1947. Krishnaswami Reddiar died leaving behind his son Ramachandra Reddiar. Narayana Reddiar had two sons Subbiah and Tiruvengadam and one daughter, Lakshmi Ammal. Subbiah died a bachelor in 1948. Thiruvengadam died on 24th October, 1949, leaving behind his widow Alamelu and a daughter, Seetham-mal. Narayana Reddiar had a sister, also named Lakshmi Ammal. After the death of Subbiah and Thiruvengadam, Narayana Reddiar who survived his sons became ill-disposed towards his daughter-in-law, Alamelu and his grand-daughter Seetham-mal. 11 is stated that two or three months after the death of Thiruvengadam, Narayana Reddiar acting on the evil advice of his sister Lakshmi Ammal and his daughter Lakshmi Ammal compelled his daughter-in-law Alamelu and his minor grand-daughter, Seethamal, to leave his protection and care and to seek refuge in the parents’ house of Alamelu Ammal. On 16th August, 1950, Narayana Reddiar executed two settlement deeds under the terms of one of which he conveyed and granted a life interest in respect of three items of properties in favour of his sister, Lakshmi Ammal, with an absolute vested remainder in them in favour of Ramachandra Reddiar, his divided brother’s son. Under the other settlement deed Narayana Reddiar conveyed and settled some other items of property solely in favour of his daughter, Lakshmi Ammal.

Alamelu, the daughter-in-law of Narayana Reddiar, filed a suit in O.S. No. 64 of 1950, on the file of the Sub-Court, Ramanathapuram, impleading Narayana Reddiar as the 1st defendant and the two Lakshmi Ammals, the sister and daughter of Narayana Reddiar, as defendants 2 and 3 challenging the validity of the two settlement deeds aforesaid. Ramachandra Reddiar who got a vested remainder in respect of some items of properties under one of the settlement deeds was not impleaded as a party in that suit. Pending the suit Narayana Reddiar died. There was a compromise between Alamelu, the plaintiff, in that suit and the two Lakshmi Ammals, defendants 2 and 3, in that suit and by which all the three agreed that the two settlement deeds executed by Narayana Reddiar should be treated as cancelled, and that the properties comprised therein should be taken by them in accordance with the terms of the razinama which were reduced to writing. It is not necessary to set out the terms of the razinama in detail herein.

Ramachandra Reddiar who was not a party to the suit, O.S. No. 64 of 1950, instituted the suit out of which the present appeal arises, O.S. No. 32 of 1952, on the file of the Sub-Court, Ramanathapuram at Madurai, impleading Lakshmi Ammal, the sister of Narayana Reddiar. as the first defendant, Lakshmi Ammal, the daughter of Narayana Reddiar, as the second defendant, Alamelu Ammal, daughter-in-law of Narayana Reddiar, as the third deffendant and minor Seethammal grand-daughter of Narayana Reddiar, as the fourth defendant, for a declaration that he is the sole owner of the properties comprised in the settlement deed, dated 16th August, 1950, marked as Exhibit A-1 subject to the income of the properties being enjoyed by the first defendant, Lakshmi Ammal, during her lifetime. This is one of the two settlement deeds referred to earlier.

This suit was resisted by the defendants who contended that the settlement deed relied upon by the plaintiff for declaration of rights in his favour was sham, not intended to be given effect to and was not in fact given effect to. Defendants 3 and 4 characterised the said transaction as the outcome of Narayana Reddiar’s ill-fee