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On 17.10.1937 Alagirisamy executed a settlement deed (Ex.A-1) in favour of his wife Nagammal, daughter Maruthammal and his son Arimuthu Chetty wherein it was provided that the settlees would get the properties absolutely after his lifetime. The properties were described as self-acquired properties of Alagiriswamy excepting a small building. This document was cancelled by the deed dated 13.06.1945 (Ex.A-3) as all the settlees died by that time. As stated above Arimuthu died leaving his third wife Angammal and his daughter Gowrammal through his deceased second wife. On 11.09.1940 i.e. three days after the death of Arimuthu, Alagirisamy executed a document (receipt, Ex.A-6) in favour of Angammal, pursuant to the decision by the Panchayat, in token of having received a sum of Rs.1200-2-0 and textile goods worth Rs.278-4-0 from Angammal, which she received from her late husband and agreed to execute a settlement deed in her favour. Alagirisamy agreed to pay interest of Rs.60/- per year to Angammal, failing which the above amount of Rs.1478-6-0 would be returned as and when demanded by the Panchayat. However, on 17.10.1940, a deed of settlement (Ex.A-2) was executed between Alagirisamy, his wife and daughter-in-law, Angammal, providing for payment of Rs.5/- per month to Angammal with a charge over the properties including the suit land of Alagirisamy. It was also provided in the deed that in case of default Angammal would be entitled to take possession of the properties. The possession was not taken by Angammal as there was no default in payment. On 13.06.1945, Alagirisamy executed a separate settlement deed (Ex.A-4) in favour of Gowrammal, his grand-daughter and her husband Subramania creating a life interest in their favour over his properties which included the suit land with a direction that during his life time and during life time of Gowrammal and Subramania the properties should not be alienated and after their life time the properties would go to their male issue and failing which to female issue. There was a provision in the deed directing the settlees to make monthly payment of Rs.2-8-0 to Angammal as maintenance and the balance amount of maintenance of Rs.2-8-0 was to be paid by Marimuthu Chetty, son of the sister of Alagirisamy by a separate settlement deed (Ex.B-29) which was executed by Alagirisamy. On the 21st January, 1946 a maintenance settlement deed (Ex.A-5) was executed by Subramania and Gowrammal and their minor daughter Selvarani in favour of Angammal. This deed was also executed as per direction of the Panchayat as the earlier maintenance allowance given to Angammal was not sufficient. By this deed only limited interest was created in favour of Angammal and during her life time she was given the right to enjoy the income from the properties (suit land) without any power of alienation and after her life time the properties would revert back to the settlers. On 8.05.1974 Dhanapal executed an agreement for sale (Ex.B-24) in respect of suit properties in favour of defendant No.4 claiming himself to be the absolute owner. Subsequently, on 13.02.1975 a sale agreement (Ex.B-1) for the suit land was entered into between the plaintiff, Muthuswamy, Angammal and Dhanapal. On 21.02.1975 in pursuance of the earlier agreement for sale dated 8.05.1974 (Ex.B-

The main question, which was considered by the High Court, was whether Angammal, defendant No.1 had absolute title over the suit land, which she along with Dhanapal, defendant No.2 agreed to sell under Ex.B-1 in favour of plaintiff, Muthuswamy. The High Court was of the view that recitals in Ex.A-2 and A-6 would show that the source of Angammal's right for maintenance sprang only from the settlement reached in the Panchayat and not under 'old Hindu Law'. The High Court also noted that in other two documents Ex.A-1 and A-4 the suit properties were described as self-acquired and exclusive properties belonging to Alagirisami and, therefore, Angammal had no pre-existing right of maintenance under the Hindu law. According to the High Court only Ex.A-5 purported to give Angammal for the first time a life interest in the suit properties. The High Court after taking into consideration other documents and the fact that Arimuthu was living separately and doing separate business held that Angammal had no pre-existing right of maintenance under the Hindu customary law over the properties of Alagirisami and, therefore, she was not entitled to get the benefit of Section 14 of the Hindu Succession Act, 1956 (for short the Act). Though, the High Court found that Angammal was in possession of the suit land pursuant to Ex.A-5, it was held that this possession was not in pursuant to pre-existing right of maintenance under the Hindu law.

The law laid down in Tulsamma's case has been consistently followed by this court. Let us now examine the present case in the light of above law.

Arimuthu had personal obligation to maintain his wife Angammal. After his death Angammal could enforce her tangible right of maintenance over the estate left behind by her husband. After three days of the death of her husband, the entire estate of her husband in the form of movable properties were received by Alagirisamy for which he executed the receipt on September 11, 1940 Ex.A-6. Thereafter, on 17.10.1940, Alagirisamy and his wife executed the deed Ex.A-2 in favour of Angammal providing for payment of Rs.5 per month to her and a charge was created over the properties including suit land of Alagirisamy. In the deed it was also provided that in case of default of payment Angammal would be entitled to take possession of the land. The submission of learned counsel for the defendant that Angammal is claiming maintenance over the properties of her father-in-law Alagirisamy is not sustainable inasmuch as Angammal is claiming maintenance as of right against the property i.e. jus-ad-rem left behind by her husband as property includes both movable and immovable. The right of maintenance could be enforced by Angammal against the estate of her husband in the hands of Alagirisami, though Angammal was not in actual physical possession of the land, she was in legal possession as she never parted with the right of her maintenance and she could enforce such right in law. The finding of the High Court that by Ex.A-2 a contractual right was given to Angammal as the deed was executed in view of the settlement arrived at the intervention of the Panchayat is erroneous as Panchayat only helped the parties to come to a settlement in recognition of her right to be maintained from the properties of her husband.

By the deed Ex.A-4 executed on June 13, 1945 by Alagirisamy in favour of his grand daughter Gowrammal and her husband Subramania, a life interest was created over the suit land in favour of Gowrammal and Subramania and in the said deed a provision was made for payment of maintenance to Angammal. In other words, Alagirisamy accepted the pre-existing right of maintenance of Angammal given effect to by the deed Ex.A-2 and thereafter the said right preserved by Ex.A-4. Ex.A-5 is the deed of maintenance executed on January 21, 1946 by Subramania, Gowrammal and their minor daughter in favour of Angammal by which she was given a right to enjoy the income from the suit property during her lifetime, and thereafter would revert back to settlers. Learned senior counsel for the defendant has contended that as Subramania and Gowrammal acquired only limited interest under Ex.A-4 and they could not have transferred a better title. This contention is not acceptable as even prior to the date Ex.A-2 was executed the right of maintenance of Angammal continued and by this deed (Ex.A-5) also her pre-existing right of maintenance was recognised and a charge was also created over the suit land in favour of Angammal. There is a dispute regarding actual physical possession of the suit land by Angammal but it is immaterial as she had legal possession, which would be sufficient in view of the law laid down in Tulsamma's case.