The Courts below also did number accept the case of the defendants that the plaintiff had surrendered possession of the properties to them in lieu of getting Rs.
Thereafter, the defendants filed a second appeal in the High Court which was also dismissed on March 3, 1971.
Admittedly P. Gounder and N. Gounder were members of a joint family but the plaintiff Nallammal claimed that there was a division in the family.
Thereafter, the appellant obtained special leave to appeal from the judgment of the High Court dated November 1, 1971 and hence this appeal.
The present suit was filed on June 11, 1963 and was decreed by the Munsif on February 26, 1964.
Palanisamy Gounder died in 1936.
The suit was resisted by the defendants on the ground that the properties were given to the first plaintiff only for her maintenance with a stipulation that they should be enjoyed by her during her lifetime without any powers of alienation and therefore, the case of the plaintiff fell within the ambit of Section 14 2 of the Act and she would number get an absolute interest.
Nallasamy Gounder died on March 11, 1949 leaving his widow Sellammal and two sons Pariyasamy Gounder and Doraisami Gounder.
2 and 3 to the first plaintiff Nallammal in lieu of her claim for maintenance and residence.
P. Gounder and N. Gounder and that the entire family properties passed by survivorship to the other brother Nallaswami Gounder.
500/ per annum.
The defendants went up in appeal before the appellate Court which was dismissed on March 18, 1966.
The learned Munsif as also the appellate Court found that the suit properties were given to Nallammal in lieu of her maintenance as she companytinued to be in possession when the 1956 Act came into force, she got, by force of Section 14 1 and Explanation to that section an absolute right over the properties.
This judgment is dated February 22, 1945 and it was companyfirmed in appeal by sub Judge on March 17, 1946, The plaintiffs case was that after this suit there was a Panchayat in the family some time in the year 1949 wherein the plaintiffs claim for maintenance and residence was settled and the suit properties companyprising an extent of 40 acres out of a total 160 acres were given by the defendant Nos.
Murtaza Fazal Ali, J. Palanisamy Gounder and Nallasamy Gounder were step brothers and the first respondent Nallammal was the wife of Palanisamy Gounder.
500/ per annum towards her maintenance and was to surrender the properties to the defendants and, therefore, as she was number in possession of the properties when the Act of 1956 came into force, she companyld number claim any benefit under Section 14 1 of the Act.
This fact was companytested by N. Gounder who took proceedings against the plaintiff Nallammal in Original Suit No.
43 of 1942 where it was held that there was numberdivision in the status between the two brothers.
It was further averred by the defendants that the plaintiff had already agreed to take Rs.
