N VARADA PILLAI Vs. JEEVARATHNAMMAL

JUDGEMENT

(1.) This is an appeal by the plaintiffs from ,1 decree of the High Court of Madras, dated the 19th November, 1915. reversing a decree of the District Court of Chingleput dated the 11th August, 1913, and dismissing the suit.

(2.) The suit was brought to establish the title of the plaintiffs to a moiety of a mitta or estate situated about thirty miles from Madras and known as the mitta of Kariarnangalani. The mitta at one time belonged to Narayanasami Pillai, an ancestor of the parties, and on his death it passed to his three sons as members of a joint family. In the year 1845 a partition took place, under the terms of which the eldest son relinquished all interest in the mitta, which thereupon became vested in the two younger sons, Gopala Krishna Pillai and Parthasarathi Pillai, in equal shares. No question arises as to the share of Gopal Krishna; but it is material to state that, on his death in the year 1879 his share became vested in his widow, Rajam-mal, and that he left issue one child only, a daughter named Duraisani.

(3.) Parthasarathi died in the year 1867, having made a will upon which a question of construction arises. Clause 3 of the will was in the following terms:- I have given my half share in Kariamangalani Mitta to my wife, Nayar Alangarainmal, alias Thayarammal, on account of her maintenance and other absolute use. She is at liberty to enjoy the same with powers of alienation by sale, etc.