TAYARAMMA Vs. SEETARAMASWAMI NAIDU

JUDGEMENT

(1.) HAVING regard to the facts found and to the terms of the will, we think that the lower Courts were entitled to find that the bequest was made conditional on the continuance of the immoral relations between the plaintiff and the testator.

(2.) ACCORDING to the principle of English Law which finds expression in Section 114 of the Indian Succession Act X of 1865, such a condition renders the bequest void. We are unable to agree to the suggestion that as the Indian Succession Act is not appplicable to Hindus in the mofussil, we should, therefore, regard the principle to which we have referred as inapplicabfe, to the present case. The same principle his been followed in Section 25 of the Transfer of Property Act in "regard to the tranlcrs inter vivos, and in the Indian Contract Act in regard to contracts both of which Acts apply to Hindus in the mofussil. We must, therefore, take it that the principle is applies ale to the present case as a rule of equity and good conscience. The principle that we should follow being in our opinion, thus clear, it is not necessary to notice the cases referred to in the argument of the appellant's vakil. We dismiss the second appeal with costs.