TIRUCHENDUR SRI SUBRAMANIASWAMS TEMPLE Vs. P RAMASWAMIA, PILLAI

JUDGEMENT

(1.) The appellant is the idol of a Hindu temple at Kasba Tiruchendur in the Province of Madras. The appeal arises out of a suit brought in the name of the idol by the trustee of the temple in the Court of the Subordinate Judge of Tuticorin for a decree for possession of properties which had formed the estate of one Minakshisundaram Pillai, who died on 21 May 1919. The appellant claimed to 6ft entitled to the estate under a will executed by the deceased. The Subordinate Judge construed the will against the appellant and his decision was upheld by the High Court of Madras. The appeal is from the decree of the High Court.

(2.) The will of the testator is dated 20 May 1919, and reads as follows : "I am now an in-patient in the hospital at Madura, having undergone an operation for carbuncle. As I have suspicions about my surviving, I have bequeathed to my son, Picha Pillai the right to all my properties and moneys, etc., and he shall solely enjoy them. If he or his son has no child, the said properties shall pass to Subramaniaswami at Tiruchendur."

(3.) On the next day the testator added this codicil: "This is written in continuation of the will executed yesterday, the 20 instant. With the money got from my moneys and pro-notes, etc., my elder brothers shall purchase immovable properties such as lands, etc., in the name of my son."