O RANGANATHA MUDALIAR Vs. AMOHANAKRISHNA MUDALIAR

JUDGEMENT

(1.) The only question argued in this appeal is whether the gift to the daughter of the testator of the house mentioned in the plaint conferred on her a vested interest in the property or merely a contingent interest. The testator had three daughters and two sons. Here we are concerned only with the gift to the eldest daughter Kuppammal. The Will of the testator was probated and marked as Ex. A. The testator appoints certain executors under the Will; he specifies the property which he has got and makes certain bequests to his daughters. Paragraph 17 of the Will is the paragraph relating to the house in question. In that he states as follows: Of my three daughters, at the time of the marriage of my eldest daughter, Sowbagiavathi Kuppammal, jewels for about Rs. 2,000 should be given and Rs. 1,000 spent for marriage, and after the debt has been cleared, besides giving ar streedhanam, House No. 3, Arunachellam Pillas Lane, Periamet, mentioned in para. 1, woman's cloths costing from Rs. 3-8-0 to Rs. 7 should be purchased and given to all our relatives, who are poor and who have come for the marriage.

(2.) At the date of the death of the testator there was a mortgage debt upon this house. Reference has been made by the learned trial. Judge to the bequest to the other two daughters and I shall refer to them at once. The bequest to the second daughter is contained in para. 18 and it is as follows: At the time of the marriage of my second daughter, Radha Ammal, jewels for Rs. 2,000 should be given, a house worth Rs. 2,500 should be purchased and given as streedhanam and Rs. 1,000 spent for marriage and (she) should be given in marrige to my brother-in-law Jayavelu Mudaliar. The aforesaid house should only be purchased and given after my debt has been cleared.

(3.) Paragraph 19 refers to a gift in favour of the third daughter and it runs as follows: To my third daughter Gajalakshmi Ammal also jewels (should be given) and marriage expenses (incurred) as mentioned above, and after the debt has been cleared a house also should be purchased and given as mentioned above.