JANKIRAM CHETTI Vs. NAGAMONY MUDALIAR

JUDGEMENT

(1.) The only question raised in these appeals is whether the respondent, who is a legatee under the will of one O. Kandaswami Mudaliar, took the property bequeathed under the will as a tenant-incommon with his father and brothers or as a joint tenant.

(2.) The will which has been probated is filed as Ex. F. The testator Kandaswami Mudaliar died leaving a widow, three sons and two daughters. He also left two brothers one of whom was Kadirvelu Mudaliar (father of the respondent) who was appointed executor. There was another brother Krishnaswami Mudaliar who had two sons. So far as the respondent is concerned, the terms of the will concerning him are very short. Paragraph 4 of the will says: Items 4, 5, 6, 7, 8 and 9 under assets in paragraph 1 above, 1 bequeath and leave to my brother G. Kadirvelu Mudaliar and his sons.

(3.) Paragraph 5 goes on to state that in consideration of the help given by Kadirvelu Mudaliar as regards the business carried on by the testator, he bequeaths to Kadirvelu Mudaliar and his two sons a half share in the stationery business carried on in the Minerva Press and Thompson and Company, that the stationery business should be conducted by Thompson and Company, that the profits arising from the same, as per accounts separately and correctly maintained, should be divided equally every year before the e March, between his sons on the one part and his brother and his. sons on the other. In case his sons do not agree with his brother and his sons, the stationery and stock-in-trade were to be valued and the testator's sons were to give Kadirvelu and his sons one- half of the estimated value.