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1991 Supreme(SC) 428

N.M.KASLIWAL, K.RAMASWAMY
S. Rajagopal Chettiar – Appellant
Versus
Hamasaveni Ammals – Respondent


JUDGMENT

KASLIWAL, J.:- This appeal by Special Leave is directed against the Judgment of the High Court of Judicature at Madras dated 29-7-1976. The short controversy in the case is regarding the ambit and scope of a will dated 22-6-1924 executed by one Padmanabha Chettiar. The construction of the will is in question in the present case. A translation of the will as supplied by the appellant in this Court reads as under:

"On the 2nd day of June, 1924, i.e. Tamil 9th day of Ani of Raktakshi year, this will executed by me, Padmanabha Chettiar, son of Sami Chettiar, Vysya caste, cultivation, resident of New Street, Sultanpettai, Koppam, Palakkadu Taluq, Kallikottai District presently at, Aniaimalai, is to the effect. As I do not have male progeny and I have attained old age, the movable and immovable properties mentioned hereunder in my possession and enjoyment, both ancestral and also self acquired, shall be enjoyed by me absolutely till my lifetime, after my lifetime my wife Dhanalakshmi Ammal shall enjoy likewise till her lifetime, after her lifetime as described hereunder A Schedule properties shall be enjoyed absolutely by my daughter and wife of Anaimalai Subramania Chettiar, Raja





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