RAMASWAMY REDDIAR Vs. ADILATCHUMY AMMAL AND ANR.

JUDGEMENT

(1.) THE plaintiff has preferred this second appeal against the judgment of the Principal District Judge, Pondicherry, in A.S. No. 12 of 1972, confirming the judgment of the Additional Subordinate Judge, Pondicherry, in O.S. No. 277 of 1968 and dismissing the plaintiff's suit with costs.

(2.) THE plaintiff, Ramaswamy Reddiar, sued Adilatchumy Ammal (first defendant) and Appasamy Nayagar (second defendant), husband of the first defendant, for annulment of the sale -deed dated 10th September, 1958, executed by one Kamalammal in favour of the first defendant in respect of the suit property and for recovery of possession of the property with costs.

(3.) THE trial Court, upon an interpretation of the will, held that as Sambasiva. Reddiar predeceased both the testator and Kamalammal, the latter became the absolute owner of the property by operation of the doctrine of "substitution fidei commissaire". The trial Court also held that If the testator had stated In his will that Kamalammal would have the usufructuary right and after her death, the nue propriete should go to his nephew (Sambasiva Reddiar), there would be no substitution fidei -commissaire, and Sambasiva Reddiar would have become the owner of the property from the date of the demise of the testator, and the plaintiff would, on the death of Sambasiva Reddiar, become entitled to the property as his heir. It is admitted that the trial Court committed an error in assuming that Sambasiva predeceased the testator. However, upon the construction put by the trial Court on the will, it dismissed the suit with costs.