ARUNACHALA UDAYAN Vs. PACHAYAMMAL

JUDGEMENT

(1.) The main question in this appeal is as to the construction of a clause in a settlement deed, Ex. A, dated 6 August, 1914. The literal translation of the clause is: My second daughter's son, Swaminathan, on his attaining majority shall enjoy with absolute rights enabling him to make gifts, sell, etc., the house, house site, etc., nanja, punja lands mentioned in Schedule B.

(2.) Swaminathan died before attaining majority and his father had brought this suit for the recovery of the property settled on him inasmuch as he had a vested interest in the property and that he being the heir of his son is entitled to it. The Subordinate Judge held that Swaminathan had acquired a vested interest in the property and decreed the plaintiff's suit. On appeal the learned District Judge held that Swaminathan had only a contingent interest and as he died before he came of age the settlement in his favour did not take effect and dismissed the plaintiff's suit.

(3.) In construing this clause the tenor of the whole document has to be taken into consideration. In the preamble of the document the following clause occurs: I have no male heirs. I had two daughters, namely Pachayammal and Puval. Of these Puval is dead. She has a minor son aged 13 years, named Swaminathan. These two are entitled to get my properties according to law. In order that they may obtain them and live happily and for my benefit in the other world, I have made the following arrangements. Clause 1 is: Pachayammal and her heirs from this day shall enjoy with absolute rights and powers of alienation by gift the nanja and punja lands described in Schedule A. Then the second clause relating to Swammathan immediately follows Clause I in favour of Pachayammal. The third clause provides for the management of some charities. The fifth clause reads as follows: I have this day delivered the A schedule properties to Pachayammal, the B schedule properties to Karuppanna Udayar, Pachayammal's husband and my son- in-law, on behalf of the minor Swaminathan and the C schedule properties for the charities to Pachayammal and Karuppanua Udayar for the minor. They should enjoy the whole of the properties as stated above and Pachayammal and her heirs and Karuppanna Udayar as guardian of minor Swaminathan should give us for our maintenance ten kalams of paddy and Rs. 20 in cash every year out of the income of lands after deducting the sirkar kist, etc.