Mother of second beneficiary has no title to the property.

This is the story of a Jinxed deed. The events of the case makes one wonder if the deed carried the curse of death with it.

2. One Varadaiya Chetty, owner of the suit property executed a deed on 5-6-1970. He had two wives through the first wife he had a daughter called Lakshmi Kantha. The respondents 2 to 4 are the children of the said Lakshmi Kantha. Through the second wife, Varadaiya Chetty had a son Arunachalam whose wife is the first respondent and a daughter who is the appellant herein. The appellant had a son called Ajit Kumar, now deceased. Jamuna Bai filed two suits. One was, O.S. No.2986 of 1986, which was filed for return of, original documents relating to the suit property and certain movables being National Savings Certificate. In this suit, Varadaiya Chetty alone was made as defendant. Subsequently, the other respondents were brought on record as his LRs after the death of Varadaiya Chetty. The other suit was O.S. No.2987 of 1986 which was for declaration and recovery of possession of the suit property. O.S. No.2986 of 1986 was presented on 30-8-1985 before this Court and then transferred to the City Civil Court. O.S. No.2987 of 1986 was filed on 9-3-1988 in this Court and then transferred to City Civil Court. Both the suits were heard together by the III Assistant Judge, who dismissed them. Aggrieved thereby A.S. No.151 of 1998 (O.S. No.2986 of 1986) and A.S. No.150 of 1998 (O.S. No.2987 of 1986) were filed. A.S. No.150 of 1998 was dismissed confirming the decree of the trial Court. A.S. No.151 of 1998 was partly allowed with regard to the National Savings Certificate alone, in other respects, the decree of the trial Court was confirmed. Thus the above two second appeals have been filed. S.A. No.806 of 1999 is against A.S. No.150 of 1998 and S.A. No.127 of 1999 is against A.S. No.151 of 1998.

3. The final decision in the second appeals will depend upon whether the deed dated 5-6-1970 was a gift and whether it came into effect. For this purpose the crucial recitals of this deed will have to be seen.

"Clause (1):

The Settlor settles the property described in Schedule A on the first beneficiary herein, who shall be entitled to possess and enjoy the rents and profits from the said property during his lifetime.

Clause (2):

The first beneficiary shall only enjoy the Income from the said property described in the Schedule A hereto and he shall have no manner of right of alienation even of his life interest.

Clause (3):

After the lifetime of the first beneficiary the said property shall vest absolutely in the natural children born to the first beneficiary and to his wife Anusuya and existing at the time of the death of the first beneficiary and no son or daughter by adoption or otherwise of the first beneficiary shall acquire any right in the said property described in the Schedule A hereto.

Clause (4) :

If there are no natural children born or existing at the time of the death of the first beneficiary, the property described in Schedule A shall vest absolutely in Ajit Kumar (the second beneficiary herein) the son of S. Rangamannar and R. Jamuna Bal and in case, the said Ajit Kumar, the second beneficiary is not alive, the property shall vest absolutely in the heirs of Ajit Kumar.

Clause (5):

In case of the said property described in the Schedule A vesting in AJit Kumar under Clause 4 supra, the said Ajit Kumar or his heirs in whom the said property becomes vested, shall pay to Anusuya, the wife of the first beneficiary. The said property shall be changed for the payment of the aforesaid amounts to the grandchildren of the settlor as provided herein.

Clause (6):

The settlor hereby settles the property described in Schedule II hereto absolutely on his grandson V. Sambasivam, the third beneficiary herein (son of V. Krishna Gupta), subject to the settlor possessing and enjoying the income from his property during his lifetime."

4. The following facts are admitted:

Arunachalam died on 23-1-1980. He had no children Ajit Kumar di