KAPINI GOUNDAN Vs. SARANGAPANI

JUDGEMENT

(1.) We must accept the finding of the lower Appellate Court as to the genuineness of the Will, Exhibit I, and we agree in its construction of the gift-deed, Exhibit II, as being in favour of the two persons Arunachella and Balammal, and not, as appellant contends, for the sole benefit of Balaiumal.

(2.) These two persons would, however, take the gift as tenants-in-common; and not as joint tenants with right of survivorship, Jogeswar Narain Deo v. Ram Chandra Butt 23 C. 670 : 23 I.A. 37.

(3.) It follows that, as regards Arunacbella s moiety of the property, the title of defendants Nos. 2 to 5 is established and the suit must fail.