JUDGMENT :- The plaintiff who failed in both the courts below has appealed to this court. He1 brought the suit for recovery of possession of the plaint first schedule properties from the defendant with future mesne profits. The properties originally belonged to one Pooli Sivasubramania Thevar of Nelkattumsevel. On 08-09-1923, he executed a deed of settlement whereby he gave a life interest in the suit properties to Sivagnanathammal whom he proposed at the time and later on married as his second wife, the remainder to his sons, if any, to be born to her, failing which to his son by his first wife by name Pooli Sivagnanapandian and his heirs. Sivagnanathammal died in 1950 issueless and her husband Pooli Sivasubramania Thevar had predecesed her. The plaintiff purchased the property under a sale, deed dated 02-05-1952 from Vellathurai Pandian the son of Pooli Sivagnanapandian. The plaintiffs case was that after the termination of the life estate on the death of Sivagnanathammal, Vellathurais father and after him; Vellathurai, became entitled to the suit properties absolutely and that he was entitled to recover possession thereof from the defendant.

2. The defendants case on the