Obligation to make marriage provisions.

Ramaswami, J.-This appeal is directed against the decree and judgment of Chandra Reddi, J. In S.A. No. 835 of 1948 (reported as Annamalai Ammal v. Sundarathammal1 ) reversing the decree and judgment of the learned Subordinate Judge, Tirunelveli, in A.S. No. 89 of 1947, affirming the dismissal of O.S. No. 1 of 1946 on the file of the District Munsiff’s Court, Tenkasi.

The suit properties, namely, three and odd acres of dry land and a house, belonged to the joint family of Mahalinga Nadar and his sons. This Mahalinga Nadar had married twice, namely, the first defendant’s sister as his first wife and the first defendant as his second wife. On account of disputes between the wives the first defendant was living separately. The first defendant had borne to Mahalinga Nadar the present plaintiff.

On 3rd February, 1921, when the plaintiff was six years old Mahalinga Nadar executed a settlement-deed, Exhibit P-1, the relevant portion of which runs as follows:

“You are my second wife. You have up till now a female child by name Annamalai Ammal aged six years. As according to my promise given at the time of your marriage in the presence of mediators that I should give you immoveable properties. I have by this deed given you the properties shown in the schedule hereto valued at Rs. 600 and now itself placed you in possession of the same. From this day onwards, you may enter into possession of the property and enjoy the same for your life-time without making any alienation. After your life-time the aforesaid property will go to your daughter the aforesaid Annamalai Ammal and she shall take it with absolute right to deal with the said property. It is assured that there are no other encumbrances over the schedule properties.”

The items conveyed in the settlement deed are portion of S. No. 696 and a portion of S. No. 693 and a house in Kuthukkavalasi and 16 cents in S. No. 28. On 13th June, 1924, Mahalinga Nadar brought about a partition deed, Exhibit D-14 in which he mentioned that he had got two sons, defendants 3 and 4 and also Ganapathi by his second wife, the first defendant. Under this document he says that he and his second wife the first defendant and her son Ganapathi should take the first schedule property. The second schedule of properties is given to Sankaralinga and the third schedule of properties was to be taken by Palvanna Nadar, the fourth defendant and the fourth schedule of properties by his mother Avadaiammal. In this partition the 4th item, the tope and the house the 3rd item settled upon his second wife are not included. But the other two items are dealt with.

The contention raised by the defendants was that Exhibit P-1 was not acted upon by Mahalinga Nadar himself but as pointed out by the Courts below, Mahalinga Nadar having settled the properties upon his second wife he could not go back upon it, but this point would have been of material importance if subsequently the first defendant had not released all her rights in favour of defendants 3 and 4 under Exhibit D-3, dated 15th November, 1929 and the only point now to be considered is whether the remainder given to the daughter of a portion of the joint family property as gift is valid as per Hindu Law, notwithstanding the fact that the gift has been held to be of a reasonable portion of the coparcenary property consisting of four houses, four vacant sites and 30 acres of land.

It is in these circumstances that the plaintiff has filed the suit for a declaration that the release deed referred to above has been brought about fraudulently and cannot affect her rights and that the alienations which have been sought to be made of these properties by the second defendant, wife of Mahalinga and her stepbrothers, Sankaralinga (D-3) and Palvanna Nadar (D.4) and the wife of the third defendant, Punnavanathammal would not be binding on her. The principal contention of the defendants was that the settlement of a portion of the joint family properties by Mahalinga Nadar in favour of the

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