POCHIRAJU KANNAMMA Vs. MANNAVA MACHAMMA

JUDGEMENT

(1.) The decision in this appeal depends entirely on the construction of the Will executed by one Pochiraju Ramachandrudu, father of the plaintiff and the 1 defendant. By this Will ha devised certain properties to his two daughters, such to get one-half, and certain other properties to his sister's two sods. There is then a clause in the Will as follows : My daughters,...and my sister's sons...shall each enjoy...his or her respective portions of the property divided to them hereditarily and at their pleasure, with right of alienation by gift, sale or otherwise.

(2.) This clearly gives an absolute estate to each of the legatees but with respect to the daughters it is followed by a defeasance clause, namely. If out of the said two daughters, Machamma and Kannamma, to either there is no issue, her property shall after her death pass to the other to whom there is issue. If to neither of them there is issue, then the property remaining at the time of the death of the said two shall pass to the nephews of the testator.

(3.) The first question that arises for decision is whether the phrase "There is issue" means issue living at the time of the daughter's death or merely whether it means that the daughter should have had a child born to her. The contention for the respondent is that it has the latter meaning, and he relies upon a case decided by the Privy Council in Guruswami Pillai v. Sivakami Ammal 18 M. 347 : 22 I.A. 119 : 5 M.L.J. 106 : 6 Sar. P.C.J. 610 : 6 Ind. Dec. (N.S.) 591 (P.C.). In that case it was held that the Tamil words which were translated as "have issue" and "have no issue", respectively could not be construed to mean "leave issue" but must be construed in their literal sense. In coming to this conclusion their Lordships observed: There is absolutely nothing on the face of the Will to suggest any secondary meaning.