(1.) The plaintiff brought this suit (a) to have the will of one Lallubhai Karsandas, dated the 9th of April 1898, construed, and to have his rights in the properties A to R and other properties determined and declared; (b) to have an account from defendants Nos. 1 and 2 and proper administration of the properties by the Court; (c) to have it declared that he was entitled to the properties specified in para 11 of the plaint, and to obtain an injunction restraining the defendants from interfering with his realizing the rent of the properties from the tenants in possession thereof, and also with his dealing with these properties as owner; and for further and other reliefs which it is not necessary to mention in detail.
(2.) The testator died in 1898 leaving him surviving a sister Tara, three sons of that sister, Manilal, Kalyanrai and Hariprasad, and his own daughter Prankore. Manilal died in 1907 leaving a widow Hariganga who died in 1908, and has daughter Dhanlaxmi, who is the 2nd defendant. Kalyanrai died in 1914 leaving a widow Muli who is defendant No. 1. The plaintiff is the 3rd son of the testator s sister Tara.
(3.) The question which has been argued before us in this appeal in what is the construction to be placed on Clause 12 and 13 of the will. Clause 12 is in effect a bequest of specific properties mentioned in clause I of the will and also the residue to the testator s nephew Manilal: I appoint after my death the Chiranjiv (i.e. long-lived) Manilal the middle son of my sister Tara, whom as mentioned above I have bred up from his childhood and have brought him up as my son and have got him married, the owner and heir in the name of Manilal Lallubhai of the properties of all sorts mentioned in 17 items in sub-clauses A to W in clause I mentioned above and of any property or outstanding over and above the same and which may have been left out to be mentioned in the above list and of all my such properties as I may not have disposed of by this will or hereafter. He should therefore after my death take possession of all my estate in accordance with the provisions of this will and should after me spend for the expenses of my obsequial ceremonies for 12 months at least up to Rs. 2,000 according to my reputation and should spend Rs. 200 and perform or get performed my "Shradh" at Gaya within 12 months, and there is a temple of Mathuranathji on the right hand on entering Ranchhodji s Pol in Sarangpur in Ahmadabad and I pay every year in the month of Vaishakh Rs. 10 for the purpose of giving Naivedya (i. e. offering to God), that should be paid accordingly by the Chiranjiv (i. e., long-lived) Manilal or by any one who may be then in his place enjoying as owner (thereof) the properties mentioned in this clause and as regards the rest he and his male issue of after him or daughter s son or the person whom Manilal may hare appointed should carry on the Vahivat (i. e, management) and put into effect according to the provisions of this will and Manilal or his children or his heirs have got no right to do away with my immoveable properties given to Manilal as mentioned above by sale or by jeopardising or giving them away in any other way.