V KOTHANDARAMAN Vs. VARUMUGA NAICKER

JUDGEMENT

(1.) The plaintiff in the suit is the appellant. He is a grandson of one Velayudha Naicker, who died on the 17 February, 1910. He sued on the Original Side of this Court for a decree declaring that he was entitled to a half share of the estate left by his grandfather under a will dated the 24 April, 1909. The suit was tried by Chandrasekhara Aiyar, J., who dismissed it mainly on the ground that the provisions of the will on which the plaintiff relied were invalid by reason of Section 114 of the Indian Succession Act which embodies the Indian rule against perpetuities.

(2.) Velayudha Naicker had four sons, Arumugam, Venkatachalam, Rajamanickam and Muthuswami. Rajamanickam died in 1924 without issue. The plaintiff is the son of Venkatachalam, who died in 1932. Velayudha Naicker had also three daughters, Papathi Ammal, Janaki Ammal and Baby Animal. Baby Ammal died in infancy and nothing further need be said with regard to her. Papathi Ammal died before the institution of the suit. Arumugam, his son Sampath, Muthuswami and Janaki Ammal were made parties to the suit, Seing the first, second, third and fourth defendants respectively,. Muthuswami died during the pendency of the action, also without issue. There were eleven other defendants who were made parties as alienees of properties which had formed part of the estate.

(3.) By his will Velayudha Naicker appointed his son-in-law Nagalingam Pillai, his brother Murugesam Pillai and three others, Davoo Pillai, Kesava Pillai and Muthuswami Naicker as his executors. He also nominated his daughters, Papathi Ammal and Janaki Ammal, as trustees of his will. Probate was granted by this Court on the 31 August, 1910, to three of the executors, namely, Nagalingam Pillai, Murugesam Pillai and Muthuswami Naicker. At the time of the testator's death all his sons were minors, but the two elder sons were married. He described his eldest son as a drunkard, a gambler and a shameless creature; and it is apparent that he feared that his other sons might develop similar bad habits, as all they were to receive under the will were small monthly allowances, and these subject to good behaviour.