N R AUTHIPURNAM PILLAI Vs. NAPPASAWMI PILLAI

JUDGEMENT

(1.) The question is whether the plaintiff's father took an absolute estate or an estate of inheritance under the terms of the Will-Exhibit A.

(2.) By that Will the testator bequeathed the two houses now in suit to his brothers-in-law Ramalinga Pillai and Veerasami Pilla and his adopted son Kandasawmi Pillai to be enjoyed by them ("Vamsa Paramparyamayi") from generation to generation ("egopithu") which means according to the plaintiff "harmoniously; " according to the defendants "living jointly ", without any power of gift, mortgage or sale. There is also a gift in absolute estate of certain other property to his adopted son Kandasawmi Pillai.

(3.) The contention of the learned pleader for the appellant is that the testator has sufficiently shown his intention to create an estate inheritable according to law by the use of the words "Vamsa Paramparyamayi and that the words restricting the power of transfer cannot be given effect to as being an attempt to take away the power of transfer which the law attaches to the estate already created.