The learned single Judge allowed the appeal and dismissed the suit and in LPA No.161/88 dated July 2, 1992, the Division Bench of the High Court has set aside the decree of the single Judge holding that the legatees had succeeded to restricted estate under subsection 2 or Section 14 of the Hindu Succession Act, 1956 for short, the Act and that, therefore, their rights have number blossomed into absolute estate.
Therefore, after my lifetime, the under mentioned A Schedule property valued at Rs.2000/shall be got by the aforesaid two persons and shall be enjoyed in equal shares without any right to alienate the same and perform the charities as per their wish and after the lifetime of both the aforesaid persons, Govindasrasan Pillai, s o Peria Pillai, of the aforesaid Eduvankudi Village shall be the Trustee of A Schedule property and with the income derived from the under mentioned land shall perform the Pooja to the idol at Swamimalai Sri Swaminatha Swami Devasthanam, Kumbekonam Taluk, every month on the Krithigai Satar Day and also do the charity of power feeding on the aforesaid day, and also shall put up the lamps every day at the Subramania Swamiar Temple of the aforesaid Edavankudi village and perform the Pooja and the Charity of poor feeding every month on the Krithigai Star Day.
In 1970, Sellathachi had appointed a power of attorney holder who had alienated the suit properties and the appellants had purchased them under registered sale deed.
The suit was filed for declaration that the legatees having succeeded to limited estate under the will, the alienations made by Sellathachi were illegal.
Further in respect of the under mentioned B Schedule property valued at Rs.1000/ , after my lifetime, the aforesaid Govinda Rajan Pillai himself shall be the trustee and from the revenue derived from the aforesaid property shall perform the Pooja and the charity of poor feeding as detailed above to the aforesaid Swami Natha Swami and the aforesaid Subramania Swamy.
Janaka Thathachi died in the year 1960.
The trial Court decreed the suit.
Amongst the aforesaid Sellathachi and Janaka Thachi, if one of the persons were to doe survived by another, the surviving Member shall have the right to enjoy the A Schedule property in its entirety.
Somasundaram Pillai died in September 1950.
This Deed of will shall companye into force only after my lifetime, and I shall have the right and authority to change or cancel this Deed of Will during my lifetime.
The appeal by special leave arises from the judgment dated July 2.
The legatees Sellathachi and another had companye into possession of the properties.
We have heard the companynsel on both sides.
Leave granted.
Thus this appeal by special leave.
