T SIVAGNANAM Vs. MUTHU BACKIALAKSMANI ALIAS CHELLAN

JUDGEMENT

(1.) THE plaintiff and his legal heirs are the appellants in this appeal.

(2.) THE plaintiff filed a suit for declaration that the defendants 1 and 2 are having only life interest in the suit property and that the plaintiff and his heirs are entitled to the suit property after the life-time of the defendants 1 and 2.

(3.) THE case of the plaintiff, in brief, is that he is the brother of one T. K. T. Ramanathan Pillai and the defendants, who are sisters, are the wives of the said ramanathan Pillai; the marriage of the second defendant with Ramanathan Pillai is null and void since it took place when the first defendant was alive; the suit property belongs to Ramanathan Pillai and he executed a registered Will dated 3-12-1965 with regard to his entire properties, breathing last on 22-8-1966; according to the said will, a provision was made for maintenance of the defendants, giving them a limited right of enjoyment over the suit property till their life-time, without any right of alienation or encumbrance; it has been further stated in the Will that after their lifetime, the suit property would go to the school which ramanathan Pillai intended to start; in the meanwhile , the defendants made attempts to encumber the suit property and hence, the suit was filed by the plaintiffs for declaration.