Judgement

Appeal (No. 78 of 1920) from a judgment and decree (October 8, 1918) of the High Court, reversing a decree of the Additional Temporary Subordinate Judge of Tanjore.

The suit was brought by the appellants, the grandsons of one Ramajee Bavajee who died in 1858, to recover certain movable and immovable property from the respondents. The first respondent claimed title under a deed of settlement made in 1858 by Ramajee Bavajee in favour of his wife Thulja Boyee,

Law Rep. 49 Ind. App. 129 ( 1921- 1922)

T. B. Ramachandra Rao V. A. N. S. Ramachandra Rao

26

and under her will; the other respondents were in possession under the first respondent. The appellants by their plaint contended that under the deed of settlement Thulja Boyee had only a life interest in the property in suit, and further that that was a res judicata by reason of a decision in certain land acquisition proceedings in 1894.

The facts of the case appear from the judgment of the Judicial Committee.

The trial judge made a decree in the plaintiffs favour, holding that upon the true construction of the deed of settlement Thulja Boyee had only a life interest in the property. With regard to an issue framed as to res ju