T RAJU AIYAR Vs. GNANAMBAL AMMAL

JUDGEMENT

(1.) The appellant sued for a declaration that he was entitled to the village of Kothangudi as the adopted son of Kothandarama Ayyar and claimed possession in consequence of the death on 3 January, 1943, of Nagammal, the daughter of Kothandarama Ayyar, to whom the property was given for life under Kothandarama Ayyar's will dated 13 March, 1905. The testator Kothandarama Ayyar died on the 25 April, 1905, leaving a widow and two daughters, Gnanarnbal, who is the first defendant and whose husband was then alive and Nagammal, who was a widow with a daughter who is the second defend ant. The main question in this appeal relates to the interpretation of Clause 13 of the will which runs as follows: The village of Kothangudi shall be enjoyed by Nagammal as stated in paragraph 5. The appellant contends that this merely indicates that Nagammal is to have a life interest. The respondents contend that this clause, by the reference to paragraph 5, imports the provisions in that paragraph relating to the devolution of the property after Nagammal's death.

(2.) The scheme of the will is to provide for three possible contingencies. It authorises the widow to adopt (1) any son who might be born to Gnanambal before January, 1908 or (2) any of the sons of the testator's nephews. Then follow clauses 4 to 8 which make detailed provisions for the devolution of the property in case a son of Gnanambal should be adopted. Clauses 9 and 10 are general provisions regarding the payments of debts and the maintenance of charities. Thereafter clauses 11 to 16 provide for the contingency of the widow making an adoption of one of the testator's nephews, in which case the dispositions of the property are to be different in many respects from those prescribed if there is an adoption of a son of Gnanambal. Finally, there are certain general provisions and there is the third contingency provided for, namely, the death of the widow of the testator without making an adoption.

(3.) The testator left very considerable properties. Clause 5 of the will with which we are mainly concerned, having regard to the reference to it in Clause 13, runs as follows: The whole village of Kothangudi and the house at Injikudi both of Nannilam taluk, my daughter Nagammal shall enjoy with life interest and after her the said property shall pass to my daughter Gnanam and her children on payment by the latter of Rs. 5,000 to Alamelu, Nagammal's daughter.