T. RAJU AIYAR Vs. GNANAMBAL AMMAL AND ORS.

JUDGEMENT

(1.) THE appellant sued for a declaration that he was entitled to the village of Kothangudi as the adopted son of Kothandarama Ayyar and claimed possession in consequence of the death on 3rd January, 1943, of Nagammal, the daughter of Kothandarama Ayyar, to whom the property was given for life under Kothandarama Ayyar's will dated 13th March, 1905. The testator Kothandarama Ayyar died on the 25th April, 1905, leaving a widow and two daughters, Gnanarnbal, who is the first defendant and whose husband was then alive and Nagammal, who was a widow with a daughter who is the second defend ant. The main question in this appeal relates to the interpretation of Clause 13 of the will which runs as follows:

(2.) THE scheme of the will is to provide for three possible contingencies. It authorises the widow to adopt (1) any son who might be born to Gnanambal before January, 1908 or (2) any of the sons of the testator's nephews. Then follow clauses 4 to 8 which make detailed provisions for the devolution of the property in case a son of Gnanambal should be adopted. Clauses 9 and 10 are general provisions regarding the payments of debts and the maintenance of charities. Thereafter clauses 11 to 16 provide for the contingency of the widow making an adoption of one of the testator's nephews, in which case the dispositions of the property are to be different in many respects from those prescribed if there is an adoption of a son of Gnanambal. Finally, there are certain general provisions and there is the third contingency provided for, namely, the death of the widow of the testator without making an adoption.

(3.) THIS portion of the will never came into effect per se, for the plaintiff -appellant, son of one of the testator's nephews, was adopted by the testator's widow on the day after the testator's death, so that the operative portion of the will is that which provides for the contingency of the adoption of the son of one of the nephews. In this event, under Clause 11 the adopted son is to take the whole of the properties at Kokkur and the remainder of the properties at Nallathukudi after the death of the wife and adoptive mother who are given a life interest in paragraphs 15 and 16. In Clause 12 the whole village of Maruthanathanallur is given for life to Gnanam with remainder to her children. Then follows the disputed Clause 13 giving Kothangudi to Nagammal to be enjoyed as stated in paragraph 5. Clause 14 provides that the properties given to the two daughters shall be managed by the testator's wife during her lifetime and that the wife shall attend to the wants of the daughters and their children such as making jewels, etc. and the marriage of Alamelu.