MUNINANJAPPA Vs. P MANUAL

JUDGEMENT

(1.) In spite of expertise in drafting a Will, the testators infusing his intentions in it, the struggle for a claim under it remained unabated, the tug of war between the two claimants under it has been the cause of issue before the Courts from its very inception. The strong desire to succeed, even for wrongful claims, has led such claimants to split and interpret, even simple words and clear intentions into two possible interpretations. That is why Court has to exercise and interpret a Will with circumspection and caution in order to give thrust to the true intentions of a testator.

(2.) This appeal also raises similar question of the interpretation of a Will and consequently the right of a widow of a benefactor under the Will. The questions raised are :

(3.) In order to appreciate the controversies and to answer the aforesaid two questions, we are hereunder giving short matrix of facts which are essential for the disposal of this appeal.