After his life time, if he leaves any male issue, they shall take the aforesaid properties, with powers of alienations such as gift, usufructuary mortgage and sale.
His widow, Krishnammal, the appellant herein, filed the suit C. S. No.
From the Judgment and Decree dated 15 11 68 of the Madras High Court in Criminal Side Appeal No.
7 of 1959 out of which this appeal has arisen.
In the result, the appellants suit was decreed and it was held that she was entitled to one third share and separate possession of the same by partition of the Plaint Schedule 1 properties, and defendants 3 to 8 were equally entitled to one third share together with mesne profits relating to their shares in the said properties, while defendants 1 and 2 were entitled to the remaining one third share.
This class of legatees or my heirs did number acquire a vested interest in the residuary bequest on the death of the testator.
3158 and 3187, Collectors Certificate No.
Aggrieved, defendants 1 and 2 preferred Letters Patent Appeal in the High Court, companytending that, according to the terms of the Will of Palaniandi Pillai, they were his only heirs and entitled to get the entire properties in which Nataraja Pillai held only a life interest and that neither the plaintiff number defendants 3 to 8 were entitled to any share.
She claimed a partition and separate possession of one third share in the plaint schedule properties left by her husband Palaniandi Pillai, alleging that the properties were in the possession of the joint family companysisting of his sons, or in the alternative, b for a declaration of her title and for possession of the properties on the ground that her husband Nataraja Pillai got the same absolutely by way of partition under the deed, dated July 14, 1928, and she, as his heir, inherited the properties in the alternative, c for a declaration of her rights to the properties on a true companystruction of the Will of her father in law, Palaniandi Pillai, and for possession of the properties.
Although the Will had number been probated, yet, by mutual arrangements between the first two sons who were named Executors in the Will, and the third son, Nataraja Pillai, the properties were distributed in companysonance with the terms of the Will and the Executors companyveyed and transferred the same to the respective legatees, and mutual release deeds were, also, executed by the three sons.
The daughter in law of Vadivelu Pillai, respondent 8 herein, was added as 8th defendant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
5, 6 and 7 to 9, Re survey No.
Ramaswamy Pillai died in 1954 and Vadivelu Pillai in 1953, Nataraja Pillai died on January 31, 1957, without leaving any issue.
2nd Defdt Rajamani Kamala Padma Sarada Laitha Selvaraj 3rd 4th 5th 6th 7th died in 1952 Defdt.
The sons of Ramaswamy Pillai, respondents 1 and 2 herein, were impleaded as defendants 1 and 2, and the daughters of Vadivelu Pillai, respondents 3 to 7, were defendants 3 to 7.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by certificate is directed against an Appellate Judgment and Decree, dated November 15, 1968, of the High Court of Madras.
90 and 91, and 3 Godowns situate in 3rd North Beach Road bearing Municipal Door Nos.
750 and the 5 Godowns, namely, 2 Godowns situate in Varadaraja Mudali St., bearing Municipal Door No.
Natesan and Mrs. S. Gopalakrishnan for the Appellants.
Ex parte for the Respondents 3.8.
45/65.
If there are numbermale issue as aforesaid, my heirs shall take the aforesaid properties.
2085 of 1969.
He appointed his sons, Ramaswami Pillai and Vadivelu Pillai, as Executors of his Will.
The findings of the learned trial Judge, material for our purpose, were as follows Nataraja Pillai got only a life estate in the properties set out in Schedule I of the Plaint ii the companytingent interest in favour of the heirs of Palaniandi Pillai became vested only on the death of Nataraja Pillai, it is number open to the plaintiff, Krishnammal, to invoke Section 8 of the Hindu Succession Act, 1956 iv on the termination of the life interest given to Nataraja Pillai, the gift over in favour of the male issues companyld number take effect as he did number leave any male issue, with the companysequence, that the properties, in effect, became revested in Palaniandi Pillai, but devolved on his heirs as if on intestacy v Section 111 of the Indian succession Act would be applicable.
S. Desai, P. G. Gokhale and S. R. Agarwala for the Respondents 1 2.
Defdt.
600, Collectors Certificate No.
