Gnanambal, the second daughter of the testator, was the first and main defendant in the suit, and she resisted the plaintiffs claim primarily on the ground that there was numberintestacy as regards the suit properties after the termina tion of the life interest of Nagammal, and that under the terms of the will itself she was entitled to get these properties in absolute right after the death of Nagammal, subject to payment of a sum of Rs.
dated 27th November, 1945, in Appeal No.
5,000 to Alamelu, the daughter of Nagammal.
518 of 1941, reversing the judgment of the Subordinate Judge of Mayuram dated 10th July, 1944, in Original Suit No.
Alamelu was made the second defendant in the suit and as she died when the suit was pending in the trial companyrt, her heirs were impleaded as defendants 3 to 9.
Appeal from a judgment and decree of a Division Bench of the Madras High Court Wadsworth and Rajamannar JJ.
APPELLATE JURISDICTION Civil Appeal No.
XIII of 1950.
34 of 1943.
The suit, out of which the appeal arises, was companymenced by Raju Ayyar, who was a son of the testators nephews and was taken in adoption by the widow in terms of the will and it was for recovery of possession of certain properties, known as Kothangudi properties which formed part of the testators estate on the allegation that under the will mentioned above, these properties were given to Nagarnmal, the wid owed daughter of the testator for her life time, but as there was numberdisposition of the remaining interest after the death of the life tenant, the properties vested in the plaintiff as the adopted son and heir of the deceased on the death of Nagammal which took place on 3rd of January, 1943.
Somayya R. Ramamurti, with him for the appel lant.
