IMPORTANT POINTS
While interpreting a Will, the court must try to give effect to all the provisions unless two provisions are so repugnant that, they cannot exist together. This Court referred to the observations of the Supreme Court holding that, when an apparently absolute bequest is followed by a gift of the same to another on the demise of the first, then the interest of the first bequest is considered as a life interest only.

JUDGMENT :

1. Whether the right vested with the first defendant under Ext.A5 Will is a life interest or absolute right, is the short question for determination in the appeal. The suit is one for a declaration that, the defendants have no right to create documents in respect of the plaint schedule properties in denial of the rights of the plaintiffs, and for prohibitory injunction against alienation. The suit was dismissed by the trial court. The decree was confirmed in appeal. Challenging the decree, the plaintiffs are in second appeal.

2. The first defendant is the wife of late Chozhy @ Vasu who was the original owner of the plaint schedule properties. They had two sons - Gangadharan and Manikantan, and a daughter who is the second defendant in the suit. Manikantan is no more. The plaintiffs are the wife and children of Manikantan. The rights of Gangadharan is not in issue in the suit and he is not a party.

3. Schedule-I to the plaint consists of two items; item No.1 having an extent of 15 cents and item No.2 having an extent of 48 cents. Schedule-II is 33 cents.

4. The properties described in Schedule-I were gifted to Manikantan, the predecessor-in-interest of the plaintiffs, by Chozhy @ Vasu as per Ext.A3 Settlement Deed. Plaintiffs 2 and 3 claim right over the property described in Schedule-II to the plaint as per Ext.A5 Will executed jointly by Chozhy @ Vasu and his wife the first defendant. According to the plaintiffs, though under Ext.A5 Will the first defendant has only a life interest, under the instigation of the second defendant, the first defendant is making preparations to execute conveyances in respect of the plaint schedule properties. It is accordingly that the suit is filed.

5. As regards the properties included in schedule-I to the plaint, on the death of Manikantan, the properties devolved on his legal heirs viz. the plaintiffs and the first defendant who is the mother of Manikantan. That the first defendant is a co-owner of the properties in Schedule-I cannot be disputed. She has every right to deal with her share over the properties in Schedule Item No.I. There is hardly any challenge regarding the same.

6. The dispute involved is essentially regarding the property included in Schedule-II to the plaint, as to, whether under Ext.A5 Will the first defendant gets absolute right or only a life interest over the same. The courts below held that, under Ext.A5 Will, the first defendant got absolute right, and accordingly dismissed the suit.

7. Heard learned Senior Counsel Sri.T.Krishnanunni on behalf of the appellants- plaintiffs and Sri.K.K.Mohammed Ravuf learned counsel for the respondents-defendants, on the following substantial question of law:-

“When under Ext.A5 Will, a bequest is made to the first defendant with a gift over to plaintiffs 2 and 3, is not the apparent absolute interest given to the first defendant to be read down as a life interest?”

8. Ext.A5 Will is executed jointly by the husband and wife viz. Chozhy @ Vasu and the first defendant. Ext.A5 deals with two items of properties; one is an immovable property having an extent of 38 cents belonging to Chozhy @ Vasu and the other item is bank deposits belonging to the first defendant. The introductory part of Ext.A5 Will traces the exclusive title of Chozhy @ Vasu over the 38 cents. It further recites that out of the larger extent, after conveyance, 38 cents of property is retained for the testators to reside, enjoy the usufructs during their life and with the right of alienation. It is further recited that, on the death of the testators, the property is to devolve as per the directions in the Will.

9. In the operative part of Ext.A5 Will where the dispositions are made, 5 cents out of the 38 cents is bequeathed to their son Gangadharan absolutely, to vest on the death of both the testators. The remaining 33 cents is bequeathed to plaintiffs 2 and 3, the children of Manikantan absolutely, to vest on the death of both the testators. With respect to the bank