MALAYAMMAL Vs. A MALAYALAM PILLAI

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the Madras High court and it arises out of a suit for partition and possession of certain properties.

(2.) The facts leading to the institution of the suit are as follows: On 3/03/1942, one Karuppanna Pillai (hereinafter referred to as "testator") executed his last will and testament Ex. B-l. Thereunder he disposed of all his properties described in five schedules A, B, C, D and E. He directed that the properties under A, B and C schedules shall be respectively taken and be in the possession of the defendant, the first plaintiff and the second plaintiff. In respect of E schedule properties, he has made a bequest creating an endowment that after his lifetime, it should be managed for the purpose and in the manner mentioned therein. The dispute in the suit was as to the validity of the endowment. One Palaniammal and Chellammal are the sisters of the plaintiffs and the defendant. The testator created a life estate in favour of those sisters in respect of D schedule properties with a direction that after their lifetime the properties shall be dealt with in the same manner as the E schedule properties. We are not concerned in the present litigation with any of the properties in schedules A to D. We are concerned only with the validity of the disposition of E schedule properties.

(3.) The will is in Tamil but we are helpfully provided with the English translation of the relevant portion. It is also found incorporated in the judgment of the District Judge. It runs as follows: