M T PANKAJAMMAL Vs. MTPARTHASARATHY AIYANGAR

JUDGEMENT

(1.) The property in suit originally belonged to one M. Thiruvengada-chariar. In 1930 he was aged about 62 and he had no issue living at the time. His wife Alangarammal was alive. He resolved to take the present respondent, the plaintiff in the lower Court, in adoption, and had fixed that the adoption should take place on the 13 July, 1930. Two days prior to that date, i.e., on the nth July, 1930, he executed a settlement deed marked Ex. P-1, on a construction of which the decision in this case depends. The deed itself was executed in favour of Alangarammal, his wife. The executant says: I am now nearly 62 years of age and have become old. Since you are my wife and on account of love and affection which I have towards you, I am bound to maintain you till your lifetime and further since I have made arrangement to take in adoption on 29 Ani of this year (13 July, 1930), Parthasarathi, minor son of Gomatam Krishnaswami Aiyangar, aged about ten years, and since I have for similar reasons decided as it is necessary that an arrangement should be made, during my lifetime itself, for your food, clothe, etc., expenses, I have in pursuance thereto, executed wholeheartedly in your favour this settlement deed.

(2.) It is recited that Alangarammal had been put in possession of the property and that she should utilise the income from the property for her maintenance and other expenses. Then occur these words: After your lifetime, the aforesaid boy whom we are going to adopt shall take possession, hold and enjoy the aforesaid house and site with absolute right and title. You shall enjoy only the rent income from the aforesaid house, as mentioned above, till your lifetime, and you shall have no power to subject the aforesaid house and site to any encumbrances or alienations such as mortgage, sale, etc. In the event of your death during my lifetime itself, I shall enjoy the aforesaid house and site, subject to the conditions aforesaid.

(3.) On the 13 July, 1930, the plaintiff-respondent was taken in adoption by Thiru- vengadachariar who also executed a deed in favour of the father of the adopted boy who was then a minor. After reciting the adoption the deed provides as follows : " Hereafter, my adopted son shall remain with me in the family and enjoy, exclusive of the house and site given as and for the maintenance expenses of my aforesaid wife Alangarammal under the registered settlement deed, dated 11 July, 1930, the remaining entire immoveable and moveable properties in my possession, in the capacity as son. with absolute right and title.