RAJANIKANT MANSUKHLAL Vs. KIKO RATILAL

JUDGEMENT

(1.) This appeal relates to the construction of the will of one Jamnadas Mayaram, who died in the year 1917. On February 1, 1914, he passed two documents, a deed of gift, Exhibit 47, and a will, Exhibit 45. By the deed of gift, Exhibit 47, he gave property worth Rs. 40,000 to the defendants, and by the will Exhibit 45 he made a disposition with regard to thirty-one lands, worth Rs. 18,000 and a house worth Rs. 500. Out of the sale proceeds, Ra, 10,000 were directed to be paid to the widow Bai Magan, Rs. 4,000 to the daughter Bai Kiki, and Rs. 4,000 to the daughter Kamla and her son Shantilal. The testator died on March 23, 1917. After his death his widow, Bai Magan, died after making a will in respect of her legacy in favour of Bai Kiki, the original plaintiff, on December 16, 1917.

(2.) The plaintiff brought a suit against the executors for the construction of the will. The defendants contended that the legacy to the widow was a life estate. The case came up to the High Court and it was held that the bequest to Bai Magan was absolute. The learned Subordinate Judge on remand held that the legacies of Rs. 4,000 should carry interest from the date of the testator's death, but with regard to the legacy of Rs. 10,000 the interest should run from the dates on which the several amounts were realized by sales of the lands.

(3.) It is urged on behalf of the appellant that the legacies were specific and not demonstrative legacies, and therefore she was entitled to the mesne profits of the lands from the date of the death of the testator till the sale of the lands by the Receiver under Section 349 of the Indian Succession Act of 1925. The portion of the will relating to these legacies runs as follows:- After the amount due in respect of lands, sold under oral agreements has been received, the same is to be given by Ratilal, Thakurdas and Chandulal as mentioned below. The particulars thereof are as follows :- Rupees 10,000 (in words) ten thousand rupees should be paid to my wife (named) Maganbai. Rupees 4,000 (in words) four thousand rupees (should be paid to my daughter) named Kiki, Rupees 4,000 (in words) four thousand rupees (should be paid to my daughter) named Kamla for herself and her son (named) Shantilal together. In all rupees 18,000 (in words) eighteen thousand rupees (should be paid). Under Section 150 of the Indian Succession Act:- Where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity, and refers to a particular fund or stock so as to con stitute the same the primary fund or stook out of which payment is to be made the legacy is said be be demonstrative.