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1963 Supreme(Mad) 131

M.ANANTANARAYANAN, K.S.RAMAMURTI
Kuppuswami Raja – Appellant
Versus
Perumal Raja – Respondent


Advocates:
The Advocate-General (V.K. Thiruvenkatachari), K. Ratnam and K. Thirumalai, for Appellants.
S. Mohan Kumaramangalam and S. Amudachari, for Respondents.

Anantanarayanan, J.-

I am fully in agreement with the conclusions of my learned brother expressed in his judgment, of which I have had the advantage of perusal. If I am adding a few observations of my own, it is not because I think that there is really any difficulty upon the facts of the present case, or the interpretation of the terms of Exhibit A-1 in the setting in which it came to be executed by the two brothers. Judged by every test, as my learned brother has shown, the will is a mutual and reciprocal one, and having obtained benefits under such a will executed with a patent stipulation that it could only be revoked or altered during the lives of both testators (that being the fair and obvious interpretation of the Tamil text, in the light of the probabilities) the testator who survived, Perumal Raja, could not validly revoke the will or alter the dispositions, under his later will, Exhibit B-1. Alternatively, the Courts are also bound to effectuate the provisions of the mutual will, as a bona fide family arrangement. Nor can the Hindu Law of coparcenary estate and survivorship really affect this interpretation, on the totality of the facts of this case. Once it is conceded th




























































































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