S SRIRANGA NACHARAMMA Vs. RAO BAHADUR NADAMUNI CHETTY

JUDGEMENT

(1.) This appeal arises out of an Originating Summons, taken out by the respondents under the provisions of Order XLV of the Rules of the Original Side of this Court, for the construction of the terms of one bequest in the will dated the 12 November, 1881, of the late Alathoor Thiruvengadathan Chetty. He died shortly after the will was executed ; probate of the will was obtained in 1882 by the executors and executrix therein named. The testator was survived by his wife Amirthavalli Thayar and by three sons of his deceased elder brother, Narayana Chetty, Namberumal Chetty and Ramanujam Chetty; he left no issue surviving him. The widow and the three nephews of the testator are now dead. The two respondents, plaintiffs in the Originating Summons, are the survivors of the four sons of Namberumal ; the defendant-appellant is the only daughter of Ramanujam, who left no male issue ; and Narayana died without issue. The will is in Telugu, the English translation of the provision sought to be construed reads as follows: House bearing door No. 16, Cope Venkatachalla Iyer Street, Peddunaickenpet, Madras ; my wife shall after my death use and enjoy this house during her lifetime keeping my elder brother's son, Ramanujam Chetty and his wife and children, with her without possessing the right to sell, give as gift or dispose of the same in any other manner and with the income therefrom, repair, pay quit rent and assessment charges. After my wife's death, my eldest brother's sons, Narayana Chetty, Namberumal Chetty and Ramanujam Chetty and their male issues shall take it. The testator's widow enjoyed the property until her death, in 1895. In 1896, Narayana purported to mortgage one-third share in the property to Ramanujam, who died intestate in 1910 leaving a widow Perun Devi. She died in 1944 survived by the daughter, the defendant-appellant.

(2.) The respondent's contention was that the will conferred upon the three nephews of the testator a life interest and after the death of the nephews the respondents took the property absolutely. The appellant contended that the nephews took an absolute interest as tenants in common.

(3.) The learned Judge held that upon a proper construction of the will the property passed to the nephews and to their sons absolutely as tenants in common, and the appellant has now become entitled to her father's share in the property.