R N DEVAKI AMMAL Vs. NADINARAYANA CHETTY (DIED)

JUDGEMENT

(1.) This is an appeal by the defendants from the decree and judgment of the Additional Judge of the City Civil Court in O.S. No. 861 of 1937. The question in the appeal relates solely to the construction of a deed of settlement. The deed relates to house property in Madras and was executed on 2nd November, 1916, by one Rangamma and one Dharaneepathi Naidu in favour of Rangamma's son-in-law, Deenadayalu. After reciting that Deenadayalu had paid Dharaneepathi Naidu a sum of Rs. 1,750 for his interest in the property the deed makes the following provisions: Deducting out of the rents of the house and ground, the rates, taxes, and expenses of repairs, the balance you (that is, Deenadayalu) shall enjoy during your lifetime (and) after you your daughters namely, (1) Tirumalamma and (2) Devakamma shall enjoy during their lifetime (and) after them, issue of both shall take in equal shares.

(2.) The above is the translation made by the learned Additional Judge who has set beside it in his judgment the original Telugu. He has also set out a genealogical table which is essential for a comprehension; of the questions which arise in the case. It is this:

(3.) The suit out of which this appeal arises was brought by Tirumalamma's husband, Lilavathi 's father, for a declaration of title to, and recovery of possession of, a half of the properties on the footing that Lilavathi acquired on her birth a vested and absolute interest in one half of the properties which on her death devolved on him as her heir. The whole of the properties since the death of Deenadayalu have been in the possession of Devakamma, and the defendants contended that she was entitled to continue in possession of the whole during her lifetime because that was the effect of the deed of settlement and because Leelavathi, owing to the death of her mother before the succession to the life estate opened, obtained no interest in the properties under the deed.