K NAINA MOHAMED Vs. A M VASUDEVAN CHETTIAR

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge of Madras High Court, who allowed the second appeal preferred by respondent Nos. 1 and 2 - A.M. Vasudevan Chettiar and A.M. Nagamian Chettiar, set aside the judgment of District Judge, Tiruchirappalli (hereinafter described as 'the lower appellate Court') and restored the decree passed by Subordinate Judge, Tiruchirappalli (hereinafter described as 'the trial Court') in a suit filed by them for directing Rukmani Ammal, her son, A.B.M. Ramanathan Chettiar and appellant - K. Naina Mohamed (defendant Nos. 1 to 3 in the suit) to execute sale deed in their favour in respect of property bearing Municipal Door No. 58, Walaja Bazaar Street, Woriur, Tiruchirapalli Town and Talluk (hereinafter described as, 'the suit property').

(2.) The suit property belonged to one Smt. Ramakkal Ammal wife of Pattabiraman of Uraiyur of Tiruchirapalli. She executed registered Will dated 22.9.1951 in respect of her properties and created life interest in favour of her two sisters, namely, Savithiri Ammal and Rukmani Ammal with a stipulation that after their death their male heirs will acquire absolute right in 'A' and 'B' properties respectively subject to the rider that they shall not sell the property to strangers. Clauses 4, 10 and 11 of the Will and details of 'A' and 'B' properties (English translation of the Will and details of the properties were made available by the learned Counsel after conclusion of the arguments), which have direct bearing on the decision of this appeal read as under:

(3.) Savithiri Ammal died in February 1979. After about two years, one of her three sons, namely, A.M. Krishnamurthy filed a suit (O.S. No. 473 of 1981) for partition of his share in 'A' property. He impleaded Rukmani Ammal as one of the defendants. The suit was disposed of in terms of the compromise arrived at between the parties, which envisaged that the plaintiff therein and his brothers will divide 'A' property among themselves and 'B' property will be the absolute property of Smt. Rukmani Ammal and her descendants.