Validity of settlement executed by widow.

MISHRA, J.

1. These appeals against the decrees in C.S. No. 313 of 1976 and C.S. No. 222 of 1977 arise out of a common judgment of a learned single Judge of this Court. They have been heard together. Common arguments have been advanced both on behalf of the appellants and the respondents. Since most of the questions involved in the two suits and appeals are common, they are disposed of together.

2. C.S. No. 313 of 1976 was filed for a declaration of the plaintiffs title under a settlement deed dated 12.6.1967 and recovery of possession against 13 defendants of whom defendants 5 to 13 are tenants. C.S. No. 222 of 1977 had been filed by the first defendant in C.S. No. 313 of 1976 against the 9th defendant in C.S. No. 313 of 1976. Originally C.S. No. 222 of 1977 was filed on the file of the City Civil Court, Madras as O.S. No. 9874 of 1975 for recovery of arrears of rent.

3. Mylai Ammal alias Alamelu Ammal, the younger sister of the father of the plaintiff in C.S. No. 313 of 1976 (first respondent in O.S.A. No. 29 of 1982) was the widow of one Thirumalai Chetty who died on 28.9.1944. Thirumalai Chetty and his two brothers Govindarajulu Chetty and Jegannadhan Chetty constituted a joint family and possessed joint family properties. His widow, Mylai Ammal became entitled to her husbands share in the joint family properties along with her grand-son Doraibabu, the first defendant under the Hindu Womens Rights to Property Act, 1937 to the extent of one-sixth share in the joint family properties. The first defendant in C.S. No. 313 of 1976, one of the appellants, in O.S.A. No. 29 of 1982 and his mother Kamakshi Ammal filed C.S. No. 134 of 1945 on the file of the High Court, Madras claiming their respective shares. In the said suit, Mylai Ammal figured as fifth defendant. A preliminary decree was passed on 13.3.1946 awarding one-sixth share to Mylai Ammal. In the final decree dated 18.3.1947, Mylai Ammal was allotted 9 items of properties, with limited estate for her one-sixth share in addition to cash of Rs. 10,374-6-0. In the said suit, one Gopalakrishnan Chetty was awarded a right of maintenance as illegitimate son, even though he had claimed a share in the properties. Gopalakrishnan Chetty subsequently instituted C.S. No. 608 of 1949 on the file of this Court against Mylai Ammal and Kamakshi Ammal claiming that he was entitled to a separate interest in the properties belonging to the share of his father Thirumalai Chetty. A preliminary decree was passed on 4-4-1955 in the said suit granting a share to Gopalakrishnan Chetty and modifying the share allotted to Mylai Animal to 5/12 share with limited interest in the suit properties and also that after the death of Mylai Ammal, her share would devolve on Gopalakrishnan Chetty and the first defendant in C.S. No. 313 of 1976 that is to say the grandson in the ratio of 1/4:3/4 respectively. The first defendant in C.S. No. 313 of 1976 that is to say the grandson and Kamakshi Ammal filed O.S.A. No. 92 of 1955 against the preliminary decree dated 4.4.1955. During the pendency of the said appeal, a compromise was arrived at on 24.6.1960 under which Mylai Ammal was allotted 7 houses, that is to say, the suit properties in C.S. No. 313 of 1976 and a cash of Rs. 9820/-. The compromise provided that the first defendant in the suit and Gopalakrishna Chetty should lake the suit properties allotted to Mylai Ammal in the ratio of 3:1 after her death. The final decree was accordingly passed on 28.6.1960. On 12.6.1967 Mylai Ammal executed a settlement deed in favour of the plaintiff in C.S. No. 313 of 1976. Mylai Ammal died on 1.3.1973.

4. Alleging that the first defendant in the suit issued notices dated 10th March 1973 to the tenants calling upon them to pay the rents to him and that excepting defendants 7 and 8, other tenants issued reply notices in March, 1973 stating that they had attorned to the plaintiff and that the first defendant might establish his right in a Court of law, it is the c