Judgment

VENKATARAMIAH, J:- 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 fo