Sankarasubban, J.

One T.V. Vasu Nedungadi and P.K. Vasudevan Nedungadi were successful in conducting partnership business. The Firm had acquired a reputation and the partnership acquired assets.

2. While so, the partners (who were brothers-in-law also) agreed to dissolve the Firm by deed of dissolution dated 30th June, 1981, which is produced as Ext. A1 in the case. By this dissolution deed, the Firm, Cochin Electric and Novelty Store stands dissolved with effect from 30th June, 1981. T.V. Vasu Nedungadi (Hereinafter called as T.V. Nedungadi') has gone out of the partnership and P.K. Vasudevan Nedungadi (hereinafter called as P.K. Nedungadi') continued the business. Ext. A1 detailed the terms of dissolution. Under Clause (3) P.K. Nedungadi has to pay Rs. 3.5 lakhs to T.V. Nedungadi or his nominees. It appears, T.V. Nedungadi expressed his desire that the amount of Rs. 3.5 lakhs shall be paid equally to his sons and daughters at the rate of Rs. 50,000/-. P.K. Nedungadi agreed to pay this amount within five years with 8% interest.

3. The partnership had as its assets buildings bearing Door Nos. 38/122-1 and 38/122-2. These buildings belong to both P.K. Nedungadi and T.V. Nedungadi. Under Clause (4) of the deed the second floor bearing Door No. 38/122-2 is to be owned by T.V. Nedungadi and possessed by him and the remaining portion of the building, viz., Door No. 38/122/1 and the first floor bearing Door No. 38/122-2 shall be owned and possessed by P.K. Nedungadi. This clause further states that the necessary documents for the same shall be executed as early as possible. Clause (5) states that P.K. Nedungadi shall take necessary steps to realise the second floor of the building bearing Door No. 38/122-2 from the mortgage of Nedungadi Bank Ltd., Ernakulam and release from the liability of T.V. Nedungadi for the overdraft account with Nedungadi Bank Ltd.

4. Ext. A2 is the partition deed executed between T.V. Nedungadi and P.K. Nedungadi. Under this partition deed, A schedule property, viz., the second floor of the building No. 38/122-2 was allotted to T.V. Nedungadi while the rest of the building was allotted to P.K. Nedungadi. Thus, we find, Clause (4) of Ext. A1 was implemented by the execution of Ext. A2 partition deed. Ext. A2 is dated 23.2.1983.

5. On 7.7.1982, T.V. Nedungadi executed a registered will bequeathing his properties. In Clause (9) of the Will, T.V. Nedungadi mentions about the properties in Ernakulam and the Firm and his partnership with P.K. Nedungadi. It says that the second floor of building No. 38/122-2 is his own and is in his possession and he can deal with it absolutely. The term in Clause (4) of the partnership is also mentioned in the will. Then the testator says that after his death, the building and the right over the way will vest in his seven children absolutely. Thereafter, Clause (10) comes. In Clause (10), he mentions about the dissolution deed dated 30th July, 1981 and about the payment of Rs. 3.5 lakhs to his children by P.K. Nedungadi. In that clause the executant states as follows : After P.K. Nedungadi pays Rs. 3.5 lakhs and within five years of his death, if P.K. Nedungadi offers to purchase the second floor from his sons, the sons shall sell the building to P.K. Nedungadi for a consideration of Rs. 1,05,000/- But if within the above period, P.K. Nedungadi dos not come to purchase the property, there will be no obligation on the children to sell the property. Now, the entire case depends upon the construction to be put to Clauses (9) and (10) of the Will. It appears, after the death of T.V. Nedungadi, P.K. Nedungadi approached the legatees under Ext. A3 will to purchase the building on payment of Rs. 1,05,000/-. But the legatees refused. But subsequently, three of the legatees sold their shares to P.K. Nedungadi. With the result, in the building which is the plaint schedule property, P.K. Nedungadi had obtained 3/7 share.

6. O.S. No. 781 of 1989 was filed by four of the children of T.V.