MATHA Vs. KANARAN

JUDGEMENT

(1.) IT was under Clause. 2 of Ext. A-2 that the plaint property was bequeathed to Kannan to be enjoyed by him absolutely after the death of Chirutha. Clause. 3 and 4 provided for bequests in favour of the second defendant and Bappu. Under Clause. 5 of the will some properties were jointly devised to Kannan, Bappu, plaintiff and the second defendant. Clause. 6

(2.) NOW the legacy under Clause. 2 of Ext. A-2 lapsed by reason of the fact that Kannan predeceased the testator. The point that is raised in the appeal is whether this legacy that has lapsed goes to the plaintiff in view of Clause. 6 of Ext. A-2.

(3.) IN the result, in confirmation of the decrees and judgments of the courts below, I. dismiss the second appeal but without costs. Dismissed.