- (1.) Leave granted.
(2.) We have heard the counsel on both sides. The appeal by special leave arises from the judgment dated July 2, 1992 of the Division Bench of the Madras High Court rendered in LPA No. 161 of 1988.
(3.) The appellants are the alienees from Sellathachi, widow of Somasundaram Pillai who had executed a will, Ex-A3 on 16-7-1950 bequeathing the suit properties to his wife and his cousin's widow Janakathache mentioning thereunder as follows: "Whereas I have no male or female issues and my wife (1) Sellathachi and (2) Janaka Thathachi, wife of my senior paternal uncle's son Thabasuya pillai are living with me and in my family and other than the other 2 persons, there is none else in my family. Amongst the aforesaid persons, the aforesaid Janaka Thachi have got only maintenance relationship and none else in my family have any right in the share or have maintenance relationship. I am duty bound to provide maintenance for the aforesaid two persons and I have no other duty to be performed. 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 undermentioned land shall perform the pooja to the idol at Swamimalai Sri Swaminatha Swami Devasthanam, Kumbakonam 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 Satar Day. Further in respect of the undermentioned 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. Amongst the aforesaid Sellathachi and Janaka Thachi, if one of the persons were to die survived by the other, the surviving member shall have the right to enjoy the A Schedule property in its entirely. This Deed of will shall come 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." ;