ALANGARA UDAYAR Vs. SANTHIAGU UDAYAR

JUDGEMENT

(1.) THIS Appeal is filed by the defendant in O.S. No. 447 of 1957. The Suit is filed for declaration of title and injunction or, in the alternative for recovery of possession. The suit property belonged to one Arokia Udayar who died in 1930. Arokia Udayar executed a will on 16th September, 1924 (Exhibit A -1). At the time of executing this will, he had his first wife Anna Mari Ammal and four daughters. As per the terms of the will he made a bequest of the entire properties to his wife Anna Mari Ammal, giving a life estate and after her death to the plaintiff and his wife. The reason for giving the absolute estate to this last daughter and her husband was stated in the will in the following words:

(2.) THE testator died in the year 1930 and, after his death, the daughter died in 1931. The plaintiff married again in 1932. The widow of the testator died in 1955. In the meantime the three daughters and the widow of the testator sold the property to defendant in 1950 under Exhibit B -1 in this case. The plaintiff therefore filed the present suit for recovery of the suit property on the foot of the will executed by his father -in -law and also for an injunction restraining them from interfering with his possession of the suit property. Both the learned District Munsif and the Subordinate Judge gave a finding that the will was true and genuine and the defendants vendors had no title and that consequently the defendant derived no title under Exhibit B -1. It is against this judgment that the defendant preferred this appeal.

(3.) THE learned Counsel for the defendant raised two principal points namely that the property was given to the last daughter of the testator and her husband. When the daughter died the plaintiff cannot file a suit for the recovery of the suit property. The intention was to benefit the plaintiff's wife and not the plaintiff". In support of this proposition he cited a case in Ramamma v. Venkatalakshmamma : AIR1941Mad375 , where it is has been held: