- (1.) The only question for decision in this appeal by special leave is whether on a true construction of Exh. B-10, the Will executed by one Veeramuthu Udayar on May 20, 1932, the respondent became entitled to the suit properties. The courts below have taken divergent views as to the interpretation of that Will.
(2.) Admittedly the suit properties belonged to late Veeramuthu. He bequeathed those properties under Exh. B-10. The said Will was written in Tamil. The Official translation of the same reads as follows:-- "The Will executed on 19th (Nineteen) day of May, 1952 In favour of Chinnarmal, wife of Veeramuthu Udayar, Nathamar, house wife, Cudalur village, Virudhachalam Taluk by Veeramuthu Udayar, adopted son of Sadaya Udayar, Nathamar, Cultivator residing in the Cudalur Village, aforesaid Taluk, is as follows:-- As you are my wife & as I am suffering from gas trouble for the past 6 months and as I am mortal, I have executed this Will whole-heartedly & with good intention so as to take effect after my death. I have three daughters viz., (1) Unnamalai Amrnal, Poonnammal, Dhanabakiammal & one son by name Govindaraju Udayar. After my life time you, the mother of the aforesaid, shall protect them as guardian and shall give in marriage the three individual according to your wish. After my lifetime. you shall enjoy the under mentioned properties and shall deliver possession of the same to my aforesaid minor son, Govindaraju Udayar on his attaining majority. In case my son Govindaraju dies providentially after my lifetime and within your lifetime, you yourself shall take the properties mentioned in the Will absolutely. After my lifetime you shall pay the debts due under the deeds and you yourself shall collect the outstandings payable to me. This Will shall come into force after my lifetime. I have got right either to alter or cancel this Will in my lifetime. The total value of the immoveable properties mentioned in the Will inclusive of the outstandings payable to me is Rs. 150000. Description of Property. XXX XXX Sd/- (in Tsmil) Neerarauthu Udayar. Witnesses (Sd/-(in Tamil) Tamil) K. Krishnaswami Udayar."
(3.) The first appellant is the widow of the testator. The second appellant is her son-in-law, to whom she had assigned her interest in the suit properties. The respondent is the widowed daughter-in-law of the testator. As mentioned earlier the will in question was executed on May 20,1932. Sometime thereafter the testator died. The only son of the testator appears to have been a minor at the time of his death. That son namely Govindaraju Udayar died in 1954 leaving behind him his widow, the respondent. Govindaraju died after attaining majority. After his death, the respondent sued for the possession of the suit properties on the strength of Exh. B-l0. The trial court dismissed that suit holding that she was not entitled to the suit properties under the will but the first appellate court reversed the decree of the trial court and decreed the suit. In second appeal a learned single judge of the Madras High Court affirmed the judgment of the first appellate court concurring with the view taken by that court that under Exh.B-10, Govindaraju got an absolute estate and that estate devolved on the respondent on his death. The question for our decision is how far the conclusions reached by the first appellate court and the High Court are correct.;