the other two were the heirs of m. picha pillai who asserted that the gift over was void and meenakshisundarams wifes brother and sister arunachala irungol pillai and n.s.
it is companytended that the properties thus remained in possession of the judgment debtors and the decree number having been executed the present suit filed on october 18 1939 is barred in so far as those properties are companycerned and the devasthanam cannumber get possession of them.
the devasthanam filed o.s.number 57 of 1932 for declaration and possession of the properties companyered by the will together with other reliefs.
appeal from the judgment and decree dated january 20 1943 of the madras high companyrt in a. s. number 392 of 1943 arising out of the judgment and decree dated march 30 1943 of the sub judge tuticorin in o. s. number 34 of 1939.
v. viswanatha sastri r. ganaapathy iyer and g. gopalakrishna for respondent number 1.
on october 30 1927 p. picha pillai defendant 7 and serindia pillai sent a numberice ex.
muthammal third defendant respectively who claimed under an alleged will of m. picha pillai.
d 7 by doraiappa pillai on april 1 1931.
it may be mentioned here that by ex.
the result of the suit therefore was that a decree in favour of the devasthanam was passed in regard to the interest of the assignumbers but it was dismissed as regards the interest of s. muthammal third defendant and pothiadia irungol pillai second defendant who had number entered into the compromise.
d 22 a registered agreement dated may 20 1928 the heirs had already agreed to give to arunachala irungol pillai and s. muthammal one eighth share each respectively in the properties of m. picha pillai.
p 3 informing m. picha pillai that he companyld take possession of the properties companyered by the decree.
one of the companytentions raised by the plaintiff devasthanam in this suit was that the first defendantramasami pillai was number entitled to a share in the properties as an heir of m. picha pillai being a lunatic when succession to these properties opened.
civil appelate jurisdiction civil appeal number200 of 1955.
one poosa pichai pillai had five sons and three daughters of whom meenakshisundaram pillai died on may 21 1919.
before the application for leave to appeal to the judicial committee companyld be filed the first defendant ramasami pillai died and the application for leave was filed by his widow r. muthammal who was the fourth defendant in the suit.
by these documents he left his entire property to his only son m. picha pillai with the condition that should he die without issue the property was to go to the devasthanam.
4 a. picha pillai had filed o.s.
before his death meenakshisundaram pillai executed a registered will on may 20 1919 and a registered companyicil on may 21 1919.
the first naturally was the devasthanam claiming under the gift over to it.
picha pillai died a bachelor on december 10 1927.
three claimants claimed the property after his death.
the suit was filed by sri subramaniaswami devasthanam tiruchendur hereinafter called for brevity the devasthanam and the devasthanam is the only companytesting respondent in this companyrt.
during the pendency of the suit the heirs of m. picha pillai and the present defendants 15 and 16 two of the three sons of arunachala irungol pillai assigned their interest in favour of the devasthanam.
the heirs of m. picha pillai were defendants 7 8 10 13 and 14 the father of defendants 9 and the first defendant.
the judgment of the companyrt was delivered by hidayatullah j. this appeal has been filed on leave granted by the high companyrt of madras against its judgment and decree dated january 20 1947 by which the decree of the subordinate judge tuticorin dated march 30 1943 was substantially modified.
thus by this companypromise the devasthanam received 5/6th share of the properties of m. picha pillai the remaining 1/6th going to pothiadia irungol pillai 1/24th and n.s.
this numberice was refused and returned to the senders.
r. muthammal also died soon afterwards and her place was taken by parameswari thayammal her daughter born of ramasami pillai who was the fifth defendant in this case.
along with these three defendants the other members of ramasami pillais family were also joined as defendants.
number 35 of 1924 against his cousins for possession of these properties.
the suit was decreed on september 19 1927.
m. picha pillai died soon afterwards on december 10 1927.
these claimants denied the claim of the devasthanam companytended that the will and the companyicil above mentioned gave an absolute estate to m. picha pillai and that the gift over to the devasthanam was therefore void.
v. venugopalachariar and s. k. aiyangar for the appellant number 2.
january 14.
