T N KRISHNA PILLAI Vs. K NALLAPERUMAL

JUDGEMENT

(1.) The substantial question of law raised in the second appeal is "whether the appellate Court is correct in its construction of Ex.A-1 Will?"

(2.) We will straight away look into the document and try to interpret it in the light of the established principles relating to documents interpretation and see which of the Courts below has understood the document correctly. Ex.A-1 is the document; it is a Will dated 18.4.1943 executed by one Nallaperumal Pillai; under the said Will, the testator gives all the properties in the Schedule to the Will to his wife Adhilakshmi Ammal subject to certain conditions; she is not to alienate Schedules 1 and 2 properties; she is to take the Schedule 3 properties after the testator's lifetime absolutely with full powers of alienation; after her lifetime, their foster son Krishnan is to take the properties and enjoy them; neither Krishnan nor his heirs can alienate the property at any time; the said Krishnan is to perform the obsequies of both the testator and his wife Adhilakshmi Ammal.

(3.) From the Will it is seen that the said Krishnan was only a minor aged 16 years at that time. The testator died in 1945 or 1946. From a reading of the document it is seen that Schedules 1 and 2 are to be kept intact by Adhilakshmi Ammal and taken by Krishnan after her lifetime and neither Krishnan nor his heirs would have right to alienate. That is to say, the properties are to be in the family in perpetuity.