RAMASEENIVASA IYENGAR (DECEASED) Vs. S. PADMASANI AMMAL

JUDGEMENT

(1.) O .E.A. No. 129 of 1965 in O.E.P. No. 64 of 1965 in O.S. No. 387 of 1964 on the file of the District Munsif of Ranipet out of which this appeal arises has been instituted by Thiru Ramaseenivasa Iyengar, the first appellant (since deceased), whose legal representative is Rajalakshmi Ammal, the second appellant herein, under Section 50, Civil Procedure Code for impleading the respondent Srimathi Padmasani Ammal as a legal representative of the deceased judgment -debtor Chellammal ; and it is alleged in the affidavit that Chellammal, the judgment -debtor died without any issue and that Srimathi Padmasani Ammal her legal representative is in possession of her assets.

(2.) IT is contended by the respondent who is the sister of the judgment -debtor Chellammal that their father Venkatachari executed a will on 15th March, 1940 bequeathing the properties to his two daughters, namely, the respondent and Chellammal with a stipulation that, in the event of any one of them dying issueless, the surviving daughter should get the properties absolutely under the will. Admittedly Chellammal had died issueless and it is therefore alleged that the respondent had become the absolute owner of the properties.

(3.) THE controversy centres round only the interpretation of the terms of the will and the Courts below have upheld the contention of the respondent that the respondent had under the will become the absolute owner of the suit properties after the death of Chellammal. The same point is agitated over again in this appeal.