Venkataramiah, J. - (1.) There was one K. Vasudeva Pai who was carrying on business at Quilon, which is now in the State 'of Kerala. Padmavathi Ammal was his wife. They had a son by name V. Sreenivasa Pai and a daughter by name S. Lakshmi Ammal (defendant No. 2). Saraswathi Ammal alias G. Kamala Bai (plaintiff) was the wife of V. Sreenivasa Pai. S. Lakshmi Ammal had been given in marriage to A. Sreenivasa Pai (defendant No. 1). K. Vasudeva Pai was adjudged insolvent in the year 1923 by the District Court at Quilon and consequently the properties belonging to him vested in the Official Receiver. The Official Receiver conveyed some of the said properties under a sale deed in favour of one S.A.S. Ayyavu Iyer In or about the year 1926. These properties were two plots of land with some buildings and out-houses at Quilon. Later on, in the year 1930 Ayyavu lyer conveyed the properties purchased by bun in favour of, A. Sreenivasa Pai, the son-in-law of K. Vasudeva Pai, under whom A. Sreenivasa. Pai was working all along. Subsequently, on December 12, 1932 A. Sreenivasa Pai executed a settlement deed transferring the said properties in favour of his mother-in-law Padmavathi Ammal. This deed is in Malayalam language. An English translation of this deed is produced before us. The relevant portion of the settlement deed translated into English reads as follows:".********** On seeing that you are now in a distress after selling in auction of all the properties belonging to your family by the Receiver in I.P. 48 of 1099 of the District Court. Quilon towards the debts recently incurred by your husband Krishna Pai, Vasudeva Pai and due to my worry over it and in view of my desire to give certain properties to be enjoyed by you and after your lifetime, by Sreenivasa Pai, the son born of you to Vasudeva Pai, from generation to generation, Paramparaya, for all time on the bona fide belief that the income etc. of the properties proposed to be given would be sufficient for your family life, the properties described in the schedule below purchased by me with my self-acquired funds from Subbayyavayyan Ayyavayyer, the general power of attorney holder S/o Sankaranarayan lyer Subbayyavayyan, doing Hundi business in Quilon Bazar, as per sale deed No. 4026 of 1105 and held by me on absolute right, constructing additional buildings therein and holding possession of the same, and paying land tax and municipal tax and collecting rent of some of the buildings leased on rem are surrendered to you as per this deed, relinquishing all my rights and liabilities, making my love and affection towards you and your family as consideration and as you are dependant on me subject to the condition that you and your descendants shall not execute any documents or mortgage or Otti charging these properties and charging other debts on these properties and in case of violation of the above provisions, they wilt not be valid and I and my descendants shall have the full power only to object and set aside the same. I hereby agree that you, and after you, your son, and his descendants from generation to generation for all time may hold the properties and enjoy the same from this onwards, effecting mutation in your name paying government assessment and municipal tax and since the rent deeds of the buildings given on rent have been given along with this, collecting the rent etc. of the above buildings by you from today onwards and by recovering possession of the shops along with key after eviction ......................" (Underlining by us)
(2.) K. Vasudeva Pai died in the year 1932 and his son V. Sreenivasa Pai died in the year 1935. Padmavathi Ammal, the widow of K. Vasudeva Pai, in whose favour the settlement deed had been executed, died on June 27, 1951. After her death Saraswathi Ammal alias G. Kamala Bai, the widow of V. Sreenivasa Pai filed a suit in the year 1952 in O.S. No. 153 of 1952 on the file of the District Judge, Quilon for possession of the properties described in plaint 'A' and 'B' Schedules, the plaint 'A' Schedule properties being the properties which had been settled in favour of Padmavathi Ammal under the settlement deed referred to above and plaint 'B' Schedule properties being certain other properties said to have been purchased from out of the rents and other incomes realised from the plaint 'A' Schedule properties as A. Sreenivasa Pai and his wife S. Lakshmi Ammal had denied the right of Saraswathi Ammal alias G. Kamala Bai. The case put forward by her in the plaint was that the plaint 'A' Schedule properties had been purchased in the name of A. Sreenivasa Pai for the benefit of Padmavathi Ammal and her family and they stood only nominally in tile name of A. Sreenivasa Pai. The said suit was dismissed by the District Judge, Quilon on September 16, 1957 holding that the benami nature of the purchase of, the plaint. 'A' Schedule properties in the name if A. Sreenivasa Pai had not been established. Saraswathi Ammal alias G. Kamala Bai filed an appeal against the judgment of the District Court before the High Court of Kerala in A. S. No. 297 of 1959. The High Court was of the opinion that on the evidence on record there was no reason to interfere with the decree of the Trial Court dismissing the suit holding that the benami nature of the transaction had not been established but it was, however, of the view that since the true effect of the settlement deed had not been considered by the Trial Court an opportunity should be given to the plaintiff to amend the plaint suitably 'and the issues arising out of such amendments should be tried again by the Trial Court. Accordingly, the High Court by its judgment dated January 18, 1961 remanded the case to the District Court. After remand, the plaint was amended raising an alternative plea stating that under the settlement deed Padmavathi Ammal had been conferred only a life estate and the properties had been given absolutely (Sic) Sreenivasa Pai to enjoy them after the lifetime of Padmavathi Ammal. It was further pleaded that on the death of Padmavathi Ammal who was only a life estate holder, the properties devolved on Saraswathi Ammal alias G. Kamala Bai who was the sole heir of V. Sreenivasa Pai. A. Sreenivasa Pai and Lakshmi Ammal Pleaded that Padmavathi Ammal had been conferred absolute title in respect of the plaint 'A' Schedule properties and on her death the said properties being Streedhana properties of Padmavathi Ammal had devolved on her daughter Lakshmi Ammal. On the basis of the fresh pleadings filed by the parties, three additional issues were framed by the. Trial Court and of them we are concerned with the following two issues: (i) What is the nature of the estate obtained by the deceased Padmavathi Ammal as per the settlement deed executed by the Ist defendant in her favour (ii) Is it a document creating only a limited interest in her favour with a vested remainder in favour of plaintiffs husband which on latter's death devolved on plaintiff as his heir
(3.) The Trial Court after hearing the parties again dismissed the suit on July 30, 1962 holding that Padmavathi Ammal had been conferred an absolute estate under the settlement deed and on. her death her daughter Lakshmi Ammal had inherited them. Aggrieved by the judgment of the Trial Court Saraswathi Ammal alias G. Kamala Bai again filed an appeal in A. S. No. 327 of 1964 on the file of the High Court of Kerala. On appeal the High Court reversing the judgment of the Trial Court held by its judgment dated January 28, 1970 that under the settlement deed Padmavathi Ammal had been conferred a life estate only in the properties settled under the document in question and that V. Sreenivasa Pai, the husband of Saraswathi Ammal alias G. Kamala Bai had been conferred, an absolute estate in those properties to be enjoyed by him after the death of Padmavathi Ammal. It accordingly .held that Saraswathi Ammal alias G. Kamala Bai was entitled to the properties described in plaint 'A' Schedule which were the subject matter of the settlement deed, she being the sole heir of V. Sreenivasa Pai on the termination of the life estate on the death of Padmavathi Ammal. Her claim as regards the plaint 'B' Schedule properties was however negatived by the High Court. In this appeal by certificate A. Sreenivasa. Pai and S. Lakshmi Animal have questioned the correctness of the decision of the High Court in so far as the plaint 'A' Schedule properties are concerned.;