PUGALUMPERUMAL PILLAI Vs. THANGATHAMMAL

JUDGEMENT

(1.) THIS is an appeal under Clause 15 of the Letters Patent against the judgment of Rajamannar, J., as he then was, reversing the decision of the Subordinate Judge of Tuticorin, in A.S. No. 10 of 1944, which in its turn reversed: the decree of the District Munsiff of Tuticorin in O.S. No. 236 of 1942. As the facts and circumstances have been stated in great detail in the judgment appealed against, we do not consider it necessary to set them out at all. What the true construction of the deed of gift dated 8th May, 1905, executed by Pichiyarammal in favour of her daughter Veeraperumal Ammal is, is the only subject of controversy. If the donee Veeraperumal Ammal took the property the subject -matter of the gift, as an absolute property, then, the appellant necessarily fails. If, on the other hand, what was donated under Ex. P -7 in favour of Veeraperumal Ammal is only a life estate, or a woman's estate as is known under the Hindu law, then it is the common case that the appellant will succeed.

(2.) THE relevant portions of the gift deed are as follows:

(3.) IT is unnecessary to consider any long list of cases in construing this document. In the very first sentence of the operative portion of the deed itself, it is clearly stated that the donee is to have the property as stridhanam in addition to a further recital that she shall hold and enjoy the property hereditarily and from son to grandson and so on as long as the sun and moon last. This contains three distinct and clear phrases indicating the nature of the estate to be taken by the donee. Any one of such phrases occurring alone in a deed of gift will be sufficient ordinarily to enable the Court to construe the document as one granting an absolute estate. If the donor had stated that the donee shall hold and enjoy the property hereditarily, there would not be much difficulty in construing it as a gift absolute. But here other phrases such as " from son to grandson and so on " and also " as long as the sun and moon last" are indicative of nothing but an absolute grant. These are words of disposition so well known and accepted as implying absolute rights that they have come to be recognised as practically terms of art and as the learned Judge says, it is difficult to see what more words could have been used by any donor to confer an absolute estate on the donee than the words used in this deed.