G.S. Singhvi, J. - (1.) This appeal is directed against the judgment of the learned Single Judge of Madras High Court, who allowed the second appeal preferred by respondent Nos. 1 and 2 - A.M. Vasudevan Chettiar and A.M. Nagamian Chettiar, set aside the judgment of District Judge, Tiruchirappalli (hereinafter described as 'the lower appellate Court') and restored the decree passed by Subordinate Judge, Tiruchirappalli (hereinafter described as 'the trial Court') in a suit filed by them for directing Rukmani Ammal, her son, A.B.M. Ramanathan Chettiar and appellant - K. Naina Mohamed (defendant Nos. 1 to 3 in the suit) to execute sale deed in their favour in respect of property bearing Municipal Door No. 58, Walaja Bazaar Street, Woriur, Tiruchirapalli Town and Talluk (hereinafter described as, 'the suit property').
(2.) The suit property belonged to one Smt. Ramakkal Ammal wife of Pattabiraman of Uraiyur of Tiruchirapalli. She executed registered Will dated 22.9.1951 in respect of her properties and created life interest in favour of her two sisters, namely, Savithiri Ammal and Rukmani Ammal with a stipulation that after their death their male heirs will acquire absolute right in 'A' and 'B' properties respectively subject to the rider that they shall not sell the property to strangers. Clauses 4, 10 and 11 of the Will and details of 'A' and 'B' properties (English translation of the Will and details of the properties were made available by the learned Counsel after conclusion of the arguments), which have direct bearing on the decision of this appeal read as under: (4) My sisters i) Savithri Ammal, wife of A.R. Manickam Chettiar, residing at Madukkur, Pattukkottai Taluk, Thanjavur District and ii) Rukumani Ammal, wife of A.B. Muthukrishna Chettiar, residing at Bazaar Street, Karur, Karur Taluk shall inherit and enjoy House Properties detailed hereunder after my life during their lifetime without encumbering the same during their life time and receive the income there from equally among them after paying the taxes. (10) After my lifetime if any one of my sisters die that sister's share of 'A' & 'B' mentioned properties shall go to the male heirs of the deceased person. After demise of both sisters, the male heirs of Savithiri Ammal shall obtain 'A' property in equal shares and the male heirs of Rukumani Ammal shall obtain 'B' property subject to conditions specified in Clause 11 hereunder with absolute rights. (11) As and when Savithiri Ammal's male heirs get and enjoy 'A' property and as and when Rukmani Ammal's heirs get and enjoy 'B' property, if any one of them wants to sell their share, they have to sell to the other sharers only as per the market value then prevailing and not to strangers. 'A' Property Details The Terraced House with tiled Verandhas including open backyard with water pump and meter at Walaja Bazaar Street, Thamalvaru Bayamajar, Woriur, 3rd Block, A Ward, Puthur Circle, Tirchirapallai Town to the West of Bazaar lying North to South, to the North of 'B' Item Property hereunder and the backyard of Muthu Veerswami Chettiar to the East of Padmaji Lane and to the South of the House belonging to Krishnammal, wife of Venogopal Naidu bounded on the NORTH BY : Survey No.2069 SOUTH BY : Survey No.2067 EAST BY : Survey No.2065 and WEST : Survey No.2088 situate within the Registration District of Tirchirapalli and Sub- Registration District No. 3 Joint Sub-Registrar. 'B' Property Details Tiled House and vacant site on the above said Walaja Bazaar Street, bearing Municipal Door No. 58 lying to the West of Bazaar lying South to North, to the North of House of Muthu Veerasami Chettiar, to the East the aboe Muthu Veerasami Chettiar's backyard, to the South 'A' item Property running 126 feet from East to West and 12 feet on the Eastern side from South to North and 8 feet on the Western Side from South to North comprised in T.S. No. 2067
(3.) Savithiri Ammal died in February 1979. After about two years, one of her three sons, namely, A.M. Krishnamurthy filed a suit (O.S. No. 473 of 1981) for partition of his share in 'A' property. He impleaded Rukmani Ammal as one of the defendants. The suit was disposed of in terms of the compromise arrived at between the parties, which envisaged that the plaintiff therein and his brothers will divide 'A' property among themselves and 'B' property will be the absolute property of Smt. Rukmani Ammal and her descendants.;